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LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA 


GIFT  OF 


MRS.   MARY  WOLFSOHN 

IN   MEMORY  OF 

HENRY  WOLFSOHN 


SlOSiOOQ^IQ^i^OEKEK 


-^^j^^S£S^S£KXm 


Digitized  by  tine  Internet  Arciiive 

in  2007  witii  funding  from 

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littp://www.arcliive.org/details/familiartreatiseOOsimoricli 


,* 


FAMILIAR  TREATISE 


ON  THE 


PRINCIPLES  AND  PRACTICE 


OF 


MASONIC  JURISPRUDENCE. 


BY 

JOHN  W.  SIMONS, 

•i 
PAST      GRIND      MASTER      OP      NEW      YOEK. 


••/Stond  on  the  Old  Ways  and  then  make  Progression. ." — Bacon. 


^^VERSrTY 


^^^^^  NEW  YOEK: 

MASONIC  PUBLISHING  AND  MANUFACTURING  CO., 

432    BEOOME    STREET. 
1869. 


Art-*" 


Entered  according  to  Act  of  Congress,  in  the  year  1864,  by 
JOHN  W.  SIMONS. 

In  the  Clerk's  Offloe  of  the  District  Court  of  the  United  States  for  the 
Southern  District  of  Nevr  York. 


TO   THE 

M.  W.  CLINTON  F.  PAIGE, 

Grand  Master  of  Masons  in  the  State  of  New  York, 

THIS    WORK 

IS  FRATERNALLY  INSCRIBED, 

IK  TESTIMONY   OF   THE 

WABM  PERSONAL  BEGAED  AND  FBATEENAL  ESTEEM 
OF 

THE   AUTHOB. 


14  7108 


PREFACE. 


In  presenting  the  following  pages  to  the  attention  of  the  Frater- 
nity, we  are  but  repeating  a  thrice-told  tale,  and  should,  perhaps, 
apologize  for  attempting  a  topic  which  has  already  been  so  exhaust- 
ively treated  by  brethren  learned  in  the  law.  Our  title  will,  how- 
ever, indicate  our  design,  which  is  to  bring  the  subject  within  the 
grasp  of  the  Fraternity  in  general,  and,  by  our  method  of  treatment, 
to  make  it  comprehensible  to  those  who  have  heretofore  deemed 
it  too  abstruse  for  the  common  intellect,  and  have  therefore  been 
satisfied  to  accept  the  decisions  of  any  whom  they  might  deem 
qualified  to  instruct  them. 

The  lamentable  want  of  knowledge,  in  regard  to  the  simplest 
principles  of  Masonic  law,  which  prevails  even  among  otherwise 
intelligent  brethren,  can  only  be  fully  known  to  those  who,  like 
the  writer,  have  held  official  station  in  the  Craft,  and  been  called 
upon  to  answer  the  multitudinous  questions  that  arise  in  the  prac- 
tice of  lodges.  A  dozen  different  interrogatories  are  frequently 
propounded  in  relation  to  the  same  subject,  all  of  which  might  be 
readily  answered,  were  the  questioners  in  possession  of  the  funda- 
mental principle  on  which  it  is  based.  To  supply  this  principle, 
and  to  simx)lify  its  application,  has  been  the  object  in  view  in  our 
work;  and  to  it  we  have  brought  the  experience  of  a  long  and 
active  participation  in  every  branch  of  our  institution,  with  an 
extended  intercourse  with  Craftsmen  from  every  portion  of  our  own 
country  and  Europe. 

Our  plan  has  been,  as  will  be  found  upon  examination  of  the 
work,  to  reduce  the  authorities  depended  upon  to  the  smallest  com- 
pass, and  to  make  a  careful  distinction  between  the  general  laws 
of  the  society  and  the  local  regulations  of  Grand  Lodges,  which 


Tl  PREFACE. 

•we  have  found,  in  our  practice,  to  be  the  principal  source  of  diffi- 
culty among  brethren  unused  to  the  application  of  the  law  to  the 
questions  presenting  themselves  in  their  lodges.  Commencing 
thus  at  the  foundation,  we  have  followed  the  profane  from  his  peti- 
tion onward  to  his  reception  in  a  lodge,  and  explained,  in  the  fewest 
words  possible,  the  various  rules  and  requirements  that  attend  his 
progress.  The  formation  of  a  lodge,  and  the  powers  thereof,  as 
well  as  the  prerogatives  of  its  officers  and  members,  are  considered. 
The  laws  applicable  to  trials  and  appeals  have  received  special 
consideration;  and  thus  the  inquirer  is  led  forward  to  the  estab- 
lishment of  Grand  Lodges,  and  the  powers  and  prerogatives  of 
the  Grand  Officers. 

We  are  by  no  means  vain  enough  to  suppose  that  we  have 
exhausted  the  questions  at  issue,  or  that  nothing  more  is  to*  be 
said  on  the  subject;  but  we  do  believe  that  the  great  nimiber  of 
brethren  unacquainted  with  the  jurisprudence  of  the  Fraternity 
will  find  here  useful  hints  to  guide  their  progress  in  the  study  of 
the  laws  which  govern  our  institution,  and  to  point  out  the  paths 
which  lead  to  a  correct  understanding  of  the  foundations  upon 
which  our  system  of  jurisprudence  is  based. 

In  the  Appendix  will  be  found  the  various  forms  required  in  the 
business  of  lodges;  among  which,  we  desire  to  call  especial  atten- 
tion to  those  regarding  trials  and  appeals,  which  have  been  adopted 
by  the  Grand  Lodge  of  New  York,  and  which  we  deem  the  best 
that  have  yet  been  presented  to  the  notice  of  the  brethren.  Pre- 
pared originally  by  our  friend  and  brother,  the  M.  W.  John  L. 
Lewis,  they  have  proved  in  practice  to  be  all  that  can  be  required 
in  the  administration  of  Masonic  justice. 

And,  in  conclusion,  we  would  say,  that  if  our  labors  shall  prove 
to  be  of  benefit  to  our  brethren,  and  aid,  even  in  a  feeble  degree, 
in  making  the  subject  treated  more  comprehensible  to  them,  we 
shall  feel  amply  compensated  for  the  labor  expended  in  its 
preparation. 

THE   AUTHOR. 


or 

J£0RH\ 


PRINCIPLES  AND  PRACTICE 


MASONIC   JURISPRUDENCE. 


CHAPTEE  I. 

The  Masonic  Institution  is  complete  in  itself. 
Appointed,  as  we  believe,  an  agent  to  assist  in  the 
development  of  the  purposes  of  our  creation  and 
earthly  existence,  it  moves  silently  forward  in  its 
mission,  without  resort  to  exterior  agencies,  and 
labors  at  its  appointed  task  by  methods  of  its  own, 
and  from  designs  drawn  on  its  tracing-boards  by  no 
profane  hand.  Its  history,  its  philosophy,  its  ethics, 
and  its  symbolism,  each  bear  the  signet  of  the  Craft ; 
each  is  a  study  in  itseK,  that  no  single  mind,  however 
industrious  its  possessor,  can  be  said  to  have  yet 
completely  mastered.  So  with  its  laws :  they  are  a 
portion  of  the  system,  stamped  with  its  peculiar  im 
press,  and  only  to  be  rightly  comprehended  when 
viewed  in  the  light  that  belongs  to  the  institution. 
Without  a  knowledge  of  the  society — its  rituals  and 


10  PRINCIPLES  AND  PRACTICE   OF 

customs — the  most  learned  judge,  the  most  subtle 
advocate,  would  be  at  a  loss  to  declare  the  law  on  a 
given  point,  or  even  to  rightly  interpret  its  written 
code.  It  should  not,  therefore,  be  a  matter  of  surprise 
that,  to  the  great  majority  of  the  brethren,  this  sub- 
ject presents  almost  insuperable  difficulties,  and  that 
it  is  so  rare  to  find  one  who  has  devoted  the  time  and 
investigation  necessary  to  a  proper  comprehension 
of  it ;  they  learn,  it  is  true,  the  general  routine  of 
lodge  business  with  sufficient  promptitude,  but  beyond 
that,  they  rarely  go ;  suffering  themselves — as  in  the 
ordinary  affairs  of  life — to  be  guided  by  the  few,  and 
accepting  (perhaps  in  too  many  instances)  the  deci- 
sions of  any  one  in  whom  they  may  place  confidence. 
We  can,  however,  imagine  no  reason  why  the  lay 
brethren — to  say  nothing  of  Masters  and  other  offi- 
cers of  lodges — should  not  understand  this,  as  well 
as  other  matters  of  Masonic  peculiarity ;  and  it  is  to 
encourage  and  facilitate  such  inquiry  that  we  have 
undertaken  the  present  work,  devoted,  as  wiU  be 
^ound  upon  examination,  rather  to  pointing  out  what 
the  law  really  is,  than  to  inventing  apologies  for  or 
arguments  against  its  provisions.  The  Masonic  code, 
though  not  so  plain  that  a  wayfaring  man  may  not 
err  therein,  is  nevertheless  not  so  intricate,  nor  is  its 
stud}^  so  dry  and  forbidding  as  many  suppose.  Its 
foundation  rests  upon  three  principles  of  action, 


MASONIC    JURISPRUDENCE.  11 

wliich  are  well  and  concisely  stated  in  the  following 
extract  from  the  Constitution  of  the  Grand  Lodge  of 
the  State  of  New  York : 

"  The  action  of  Freemasons,  in  their  Grand  or  Subordinate 
Lodges,  or  in  their  individual  character,  is  regulated  and 
controlled — 

"  1.  By  Ancient  Landmarks;  or,  the  Unwritten  Law  of 
Masonry. 

"2.  By  Written  Constitutions  and  General  Regulations; 
and, 

"  3.  By  Usages,  Customs,  Rules,  Edicts,  and  Resolu- 
tions, having  the  force  of  General  Regulations. 

"  The  Ancient  Landmarks  are  those  principles  of  Masonic 
government  and  polity  which  are  the  only  part  of  Masonic 
law,  or  rule  of  government,  that  may  never  be  altered  or 
disturbed ;  and  such  of  them  as  are  lawful  to  be  written,  are 
usually,  but  not  wholly,  engrafted  in  the  written  Constitu- 
tions and  General  Regulations. 

"  Constitutions  are  those  written  compacts  or  laws  adopted 
by  Freemasons  for  the  government  of  a  Grand  Lodge  and  its 
Subordinate  Lodges,  and  their  members;  including  General 
Regulations,  constitutionally  adopted,  that  are  intended  to  be 
permanent  in  their  character. 

"General  Regulations,  Usages  and  Customs,  Rules,  Edicts 
and  Resolutions,  are  those  Masonic  rules  of  action  adopted 
by  competent  authority  for  local  or  temporary  purposes, 
admitting  of  change  at  convenience,  and  not  embraced  in 
Ancient  Landmarks   or  Constitutions,  and  are  frequently 


12  PRINCIPLES  AND  PRACTICE  OP 

termed  By-Laws.  But  when  they  so  operate  as  to  alter, 
modify,  or  otherwise  affect  the  Constitutions,  as  defined  in 
the  preceding  section,  they  are  also  styled  Constitutions." 

We  remark,  in  passing,  that  the  Landmarks  are  not 
all  comprised  in  the  unwritten  law :  on  the  contrar^^, 
some  of  the  most  important  are  found  in  the  An- 
cient Charges  and  Eegulations.  Of  the  three  princi- 
ples above  set  forth,  however,  the  Landmarks  are 
undoubtedly  the  most  important,  being,  as  it  were, 
the  starting-point,  and,  from  their  very  nature,  influ- 
encing the  formation  and  controlling  the  vahdity  of 
the  others.  And  yet  they  are  the  most  difficult  to  be 
understood  and  defined.  The  term  "  Landmark "  is 
used  in  its  scriptural  sense  where  it  is  employed  to 
designate  a  mark  or  boundary  set  up  in  ancient  days 
between  one  man's  possessions  and  those  of  his 
neighbor,  beyond  which  neither  party  could  lawfully 
go ;  and,  when  once  established,  these  boundaries  or 
landmarks  were  never  to  be  removed.  This  custom 
has  come  down  to  us  unimpaired,  it  being  a  law  in 
most,  if  not  aU  the  States,  that  a  tree,  stone,  or  other 
landmark,  between  the  possessions  of  neighbors,  can- 
not be  cut  down  or  removed.  It  is  in  this  sense  that 
we  apply  the  word  in  Masonic  law  and  usage,  as  de- 
signating a  fundamental  principle  of  Masonry,  which 
no  man  or  body  of  men  can  change  or  remove — as 
one  on  which  we  rely  to  preserve  the  institution  from 


MASONIC   JURISPRUDENCE.  13 

tte  changes  of  the  outer  world,  and  to  hand  it  down 
to  the  latest  posterity,  as  it  was  in  the  beginning,  and 
must  continue  to  be  to  the  end  of  time.  But,  para- 
doxical as  it  may  appear,  that  there  should  be  any 
uncertainty  about  that  which  is,  in  its  nature,  fixed 
and  unchangeable,  it  is  nevertheless  quite  true  that 
scarcely  any  two  Masonic  authorities  of  eminence 
agree  as  to  what  are,  and  what  are  not,  Landmarks. 
We  assume  those  principles  of  action  to  be  landmarks 
which  have  existed  from  time  immemorial,  whether 
in  the  written  or  un^vTitten  law ;  which  are  identified 
with  the  form  and  essence  of  the  society ;  which,  the 
great  majority  agree,  cannot  be  changed,  and  which 
every  Mason  is  bound  to  maintain  intact,  under  the 
most  solemn  and  inviolable  sanctions.  In  accordance 
with  these  views,  we  think  that  the  following  will  be 
admitted  to  have  always  been  in  force ;  to  involve 
essential  Masonic  principles;  to  be  unchangeable, 
unless  by  altering  the  form  and  essence  of  the  insti- 
tution, and  therefore  to  be  landmarks,  in  the  proper 
sense  of  the  term. 


LANDMARKS. 

1.  A  belief  in  the  existence  of  a  Supreme  Being, 
and  in  the  immortality  of  the  soul. 

2.  That  the  moral  law,  which  inculcates,  among 


14  PRINCIPLES  AND   PRACTICE  OF 

other  things,  charity  and  probity,  industry  and  sobri- 
ety, is  the  rule  and  guide  of  every  Mason. 

3.  Bespect  for,  and  obedience  to,  the  civil  law  of 
the  country,  and  the  Masonic  regulations  of  the  juris- 
diction where  a  Mason  may  reside. 

4.  That  new-made  Masons  must  be  free-bom,  of 
lawful  age,  and  hale  and  sound  at  the  time  of  making. 

5.  The  modes  of  recognition,  and,  generally,  the 
rites  and  ceremonies  of  the  three  degrees  of  Ancient 
Craft  Masonry. 

6.  That  no  appeal  can  be  taken  to  the  Lodge,  from 
the  decision  of  the  Master,  or  the  Warden  occupying 
the  Chair  in  his  absence. 

7.  That  no  one  can  be  the  Master  of  a  Warranted 
Lodge  till  he  has  been  installed  and  served  one  year 
as  Warden. 

8.  That  when  a  man  becomes  a  Mason,  he  not 
only  acquires  membership  in  the  particular  lodge 
that  admits  him,  but,  in  a  general  sense,  he  becomes 
one  of  the  whole  Masonic  family ;  and  hence  he  has 
a  right  to  visit,  masonically,  every  regular  lodge, 
except  when  such  visit  is  likely  to  disturb  the  har- 
mony or  interrupt  the  working  of  the  lodge  he  pro- 
poses to  visit. 

9.  The  prerogative  of  the  Grand  Master  to  preside 
over  every  assembly  of  the  Craft,  mthin  his  juris- 
diction, to  make  Masons  at  sight  in  a  regular  lodge, 


MASONIC  JURISPRUDENCE.  15 

and  to   grant  Dispensations  for  the  formation  of 
new  lodges. 

10.  That  no  one  can  be  made  a  Mason,  saTe  in  a 
regular  lodge,  duly  convened,  after  petition,  and  ac- 
ceptance by  unanimous  ballot,  except  when  made  at 
sight  by  the  Grand  Master. 

11.  That  the  ballot  for  candidates  is  strictly  and 
inviolably  secret. 

12.  That  a  lodge  cannot  try  its  Master. 

13.  That  every  Mason  is  amenable  to  the  laws  and 
regulations  of  the  jurisdiction  in  which  he  resides, 
even  though  he  be  a  member  of  a  particular  lodge  in 
some  other  jurisdiction. 

14.  The  right  of  the  Craft  at  large  to  be  repre- 
sented in  Grand  Lodge,  and  to  instruct  their  repre- 
sentatives. 

15.  The  general  aim  and  form  of  the  society,  as 
handed  down  to  us  by  the  fathers,  to  be  by  us  pre- 
served inviolate,  and  transmitted  to  our  successors 
forever. 

This  list  might  be  somewhat  extended  by  adding 
to  it,  as  is  frequently  done,  regulations  deduced  from 
these  principles ;  but  we  prefer  to  avoid  that  error, 
and  the  discussions  which  inevitably  follow  a  depart- 
ure from  established  law:  for  seK-interest,  or  the 
predominance  of  a  feehng  entirely  extraneous  to 


16  PRINCIPLES  AND   PRACTICE  OP 

Masonry,  will  sometimes  lead  men  to  close  their 
eyes  to  the  most  indubitable  proposition.  Take,  for 
instance,  the  fourth  landmark,  above  cited.  Its  exist- 
ence, as  a  fundamental  principle  of  Masonic  law, 
from  the  very  earliest  times  of  which  we  have  any 
record,  is  beyond  dispute :  its  language  is  too  plain 
to  admit  of  any  equivocation ;  and  it  is  just  as  much 
an  integral  and  immovable  part  of  the  Masonic  sys- 
tem, as  the  one  requiring  a  beHef  in  the  existence  of 
a  Supreme  Being ;  and  we  can  admit  an  argument 
as  to  the  right  to  abrogate  one,  with  the  same  pro- 
priety as  the  other.  Nevertheless,  the  Grand  Lodge 
of  England,  a  few  years  since,  solemnly  amended  its 
Constitution  by  striking  out  "  hee-horn"  and  putting 
in  its  place  "  free-man ;"  thus  changing  an  essential 
feature  of  the  law,  or,  in  plain  terms,  removing  an 
indisputable  landmark.  We  can  easily  perceive  that 
it  would  take  but  a  few  such  alterations  of  the  land- 
marks to  destroy  the  identity  of  the  society,  and 
sever  the  links  that  bind  it  to  the  long  past.  Admit 
the  power  to  modify  these  principles  at  the  pleasure 
of  Grand  Lodges,  and  you  at  once  overturn  the  whole 
structure ;  sever  the  present  from  the  past  as  com- 
pletely as  if  the  past  had  never  been ;  bring  to  nought 
the  boasted  antiquity  of  the  Fraternity,  and  make  its 
most  solemn  covenants  but  empty  words. 

There  is  a  double  iniquity  in  this  proceeding  of  the 


MASONIC  JURISPRUDENCE.  17 

ELglisL  Graud  Lodge,  from  the  fact  that,  at  its  estab- 
lishiaeiit,  it  was  solemnly  agreed  that  no  regulation 
should  be  adopted  in  derogation  of  the  Ancient  Land- 
marks, and  that  agreement  is  just  as  binding  as  a 
landmark ;  for  it  was  entered  into  as  a  condition  of 
the  resignation  of  the  general  sovereignty  into  the 
keeping  of  the  Grand  Lodge,  which,  therefore,  not 
only  sets  aside  a  landmark,  but  violates  an  express 
stipulation  that  it  would  not  do  so. 

We  could  easily  assign  the  reason  for  this  proceed- 
ing, were  any  useful  purpose  to  be  subserved  by  so 
doing.  It  is  sufficient  for  us  to  show,  however,  that 
the  EngHsh  Craft  are  themselves  at  a  loss  to  justify 
their  own  acts,  as  will  be  seen  by  the  following  ex- 
tract from  a  late  English  work  :* 

"  The  strict  inviolability  of  a  Landmark  is  somewhat  prob- 
lematical. There  are  certain  obsolete  particulars  in  Masonry 
which  were  formerly  esteemed  to  be  Landmarks,  but  have 
undergone  alterations  in  a  greater  or  lesser  degree.  It  fol- 
lows, therefore,  that  if  the  old  Landmarks  cannot,  by  any 
possibility,  be  removed,  then  we  incur  the  unavoidable  con- 
clusion that  these  never  had  a  claim  to  any  such  distinction. 
In  all  existing  constitutions,  however,  there  is  a  prohibitory 
clause,  which  pronounces  the  Landmarks,  like  the  laws  of  the 

*  The  Freemason's  Treasury.  Fifty-two  short  lectures  on  the 
theory  and  practice  of  symbolical  Masonry,  by  the  Rev.  Geoegk 
Olivee,  D.  D.     London,  1863. 


18  PRINCIPLES  AND  PRACTICE   OP 

Medes  and  Persians,  to  be  unchangeable ;  but  we  shall  find 
that,  in  practice,  it  has  been  occasionally  violated,  and  tiiere- 
fore  inapplicable  to  all  the  contingencies  that  may  arise  in 
practice. 

"  To  persist,  then,  in  asserting  that  the  Landmark  cannot 
be  altered,  with  an  array  of  positive  facts  against  the  hy- 
pothesis, is  indefensible  and  absurd,  because  it  places  the 
society  in  a  false  position.  It  is  well  known,  that  whenever 
it  has  been  found  expedient  to  expunge  a  Landmark,  the 
means  of  accomplishment  were  never  wanting.  The  letter 
of  the  law  is  stern,  but  the  spirit  is  feeble.  Practice  is  more 
than  a  match  for  it:  it  beats  it  on  its  own  ground." 

This  is  undoubtedly  a  fair  exposition  of  Englisli 
"  practice,"  and  goes  to  show  the  method  that  must 
have  governed  the  Grand  Lodge  in  the  case  before 
cited.  They  resolved — 1,  The  regulation  that  a  can- 
didate must  be  free-bom  is  obsolete ;  2,  It  is  not  a 
landmark;  and,  3,  That  it  be  rescinded.  By  this 
process  of  reasoning,  it  would  be  easy  to  prove  the 
non-existence  of  any  Landmark ;  and  its  natural  con- 
sequence would  be  to  gradually  remove,  not  only  the 
landmarks,  but  the  society  itseK.  "We  regret  that  so 
able  an  exponent  of  the  Masonic  ideal  as  Dr.  Oliver 
should  be  willing  to  countenance  such  proceedings ; 
we  wonder  that,  instead  of  so  doing,  he  had  not 
raised  his  voice  in  indignant  remonstrance ;  and  we 
sincerely  trust  that  the  day  may  never  come  when  an 
American  Mason  will  be  found  willing  to  countenance 


MASONIC   JURISPKUDENCE.  19 

SO  manifest  an  innovation,  however  exalted  may  be 
the  source  from  which,  it  emanates ;  that  all  and  sin- 
gular wiU  maintain  the  doctrine  that  any  such  action 
or  attempted  action,  on  the  part  of  a  Grand  Lodge 
or  other  assembly  of  Masons,  would  be  absolutely 
void  and  of  no  effect. 

To  resume  :  All  Constitutions,  General  Eegulationa 
and  Usages-are  based  upon  the  Landmarks,  and  must 
be  in  harmony  with  them ;  for  otherwise  they  would 
have  no  binding  force  or  effect.  But  every  Grand 
Lodge  has  an  inherent  right  to  make  local  regulations ; 
to  abolish  old  ones,  and  to  make  new  ones  at  pleasure ; 
but  such  regulations,  it  will  be  understood,  will  only 
be  valid  within  the  jurisdiction  of  the  Grand  Lodge 
promulgating  them.  It  is,  however,  a  very  common 
mistake  among  the  brethren  to  confound  such  local 
regulations  with  the  general  laws  of  the  fraternity, 
from  which  source  emanate  many  of  the  questions 
submitted  for  the  decision  of  Grand  Masters  and 
Grand  Lodges.  The  inquiring  brother  should,  there- 
fore, be  acquainted  with,  and  study  for  himself,  the 
basis  of  the  Masonic  law,  and  the  superstructure  of 
Masonic  jurisprudence  that  has  been  erected  upon  it. 

Masonic  jurists  claim  the  authority  of  law  for  the 
Gothic  or  York  Constitutions  of  A.  D.  926 ;  for  various 
regulations  adopted  at  subsequent  periods,  and  for 
the  Charges  and  Eegulations  compiled  by  Doctor 


20  PRINCIPLES   AND    PRACTICE  OP 

Anderson  in  1721,  and  published  under  sanction  of 
the  Grand  Lodge  of  England  in  1723.  These  Con- 
stitutions are  claimed  to  have  embodied  all  the  reg- 
ulations of  the  Craft  up  to  that  time,  not  only  in 
England,  but  of  "  Lodges  beyond  sea ;"  and  as  they 
certainly  contain  all  the  law  of  a  general  nature  that 
we  have,  we  see  no  good  reason  for  multiplying  au- 
thorities, and  our  references  will  be  made  to  them. 
We  are  the  more  inclined  to  this  opinion,  from  the 
fact  that  they  were  collated  immediately  after  the 
revival  in  1717,  by  one  to  whom  every  facility  for 
making  them  correct  was  extended,  and  before  the 
increase  of  the  fraternity,  under  the  new  regime,  led 
to  the  innovations  which  appear  in  subsequent  edi- 
tions. It  should  be  observed,  too,  that  during  the 
schism  in  England,  Lawrence  Dermott,  who  was 
Deputy  Grand  Master  of  the  seceding,  or  Athol 
Grand  Lodge,  pubHshed  a  "  Book  of  Constitutions," 
similar  in  its  general  features  to  the  true  version,  but 
in  which  he  took  occasion  to  make  alterations  in 
some  essential  points,  probably  to  suit  the  exigencies 
of  his  irregular  Grand  Lodge.  Many  of  the  warrants 
for  the  establishment  of  lodges  in  this  country  issued 
from  the  Dermott  or  Athol  Grand  Lodge,  which  is 
doubtless  the  reason  why  so  much  of  the  spurious 
Constitutions  is  found  in  the  jurisprudence  of  the 
several  States.    In  New  York,  where  most  of  these 


MASONIC   JURISPRUDENCE.  21 

warrants  were  tiltimatelj  located,  the  spurious  Charges 
of  Dermott  are  prefixed  to  and  made  a  part  of  the 
Book  of  Constitutions,  and  more  or  less  of  their  spirit 
is  found  in  its  otherwise  admirable  code  of  law. 

As  a  matter  of  research,  the  Regulations,  previous 
to  1721,  may  be  consulted ;  but,  for  all  practical  pur- 
poses, the  Charges  and  Thirty-nine  Articles  of  Doctor 
Anderson  are  sufficient.  For  this  reason,  and  to 
avoid  confusing  the  mind  of  the  student,  we  insert 
these  only. 

Extracted  from  the  Ancient  Records  of  Lodges  beyond  Sea, 
and  of  those  in  England,  Scotland  and  Ireland,  for  the 
use  of  the  Lodges  in  London.  To  be  read  at  the  making 
of  New  Brethren,  or  when  the  Master  shall  order  it. 

THE  GENEKAIi  HEADS,  viz: 
I. — Of  God  and  Eeligion;  II. — Of  the  Civil  Maqistkate,  Supreme 
and  Subordinate;  HI. — Of  Lodges;  IV. — Of  Masteks,  Wakd- 
ENS,  Fellows,  and  Appeentices;  V. — Of  the  Management  of 
the  Ceaft  in  working;  VI. — Of  Behavioe,  m>:  1.  In  the  Lodge 
while  Constituted.  2.  After  the  Lodge  is  over,  and  the  Beeth- 
EEN  not  gone.  3.  When  Brethren  meet  without  Steangees, 
but  not  in  a  Lodge.  4.  In  presence  of  Steangees  not  Masons. 
5.  At  Home  and  in  the  Neighboehood.  6.  Towards  a  steange 
Beothee. 

I-CONCERNING  GOD  AND  RELIGION. 
A  Mason  is  obliged,  by  his  tenure,  to  obey  the  moral  law; 
and  if  he  rightly  understands  the  Art,  he  will  never  be  a 


22  PRINCIPLES  AND   PRACTICE   OF 

Stupid  Atheist,  nor  an  irreligious  Libertine.  But  thougli  in 
ancient  times  Masons  were  charged  in  every  country  to  be 
of  the  Religion  of  that  country  or  nation,  whatever  it  was, 
it  is  now  thought  more  expedient  only  to  oblige  them  to  that 
Religion  in  which  all  men  agree,  leaving  their  particular  opin- 
ions to  themselves;  that  is,  to  be  good  men  and  true,,  or  men 
of  honor  and  honesty,  by  whatever  denominations  or  persua- 
sions they  may  be  distinguished ;  whereby  Masonry  becomes 
the  Center  of  Union^  and  the  means  of  conciliating  true 
Friendship  among  persons  that  must  liave  remained  at  a 
perpetual  distance. 

n.-OF  THE  CIVIL  MAGISTRATE,  SUPREME  AND  SUBORDINATE. 

A  Mason  is  a  peaceable  subject  to  the  civil  powers  wher- 
ever he  resides  or  works,  and  is  never  to  be  concerned  in 
plots  and  conspiracies  against  the  peace  and  welfare  of  the 
nation,  nor  to  behave  himself  undutifully  to  inferior  magis- 
trates; for  as  Masonry  hath  been  always  injured  by  war, 
bloodshed,  and  confusion,  so  ancient  kings  and  princes  have 
been  much  disposed  to  encourage  the  Craftsmen,  because  of 
their  peaceableness  and  loyalty,  whereby  they  practically 
answered  the  cavils  of  their  adversaries,  and  promoted  the 
honor  of  the  Fraternity,  who  ever  flourished  in  times  of  peace. 
So  that  if  a  Brother  should  be  a  rebel  against  the  State,  he 
is  not  to  be  countenanced  in  his  rebellion,  however  he  may  be 
pitied  as  an  unhappy  man;  and,  if  convicted  of  no  other 
crime,  though  the  loyal  brotherhood  must  and  ought  to  disown 
his  rebellion,  and  give  no  umbrage  or  ground  of  political  jeal- 
ousy to  the  government  for  the  time  being,  they  cannot  expel 
him  from  the  lodge,  and  his  relation  to  it  remains  indefeasible. 


MASONIC  JUEISPRUDENCE.  23 

ni.-OF  LODGES. 

A  Lodge  is  a  place  where  Masons  assemble  and  work: 
Hence  that  Assembly,  or  duly  organized  Society  of  Masons, 
is  called  a  Lodge,  and  every  Brother  ought  to  belong  to  one, 
and  to  be  subject  to  its  by-laws  and  the  General  Regulations. 
It  is  either  particular  or  general,  and  will  be  best  understood 
by  attending  it,  and  by  the  Regulations  of  the  General  or 
Grand  Lodge  hereunto  annexed.  In  ancient  times,  no  Mas- 
ter or  Fellow  could  be  absent  from  it,  especially. when  warned 
to  appear  at  it,  without  incurring  a  severe  censure,  until  it 
appeared  to  the  Master  and  Wardens  that  pure  necessity 
hindered  him. 

The  persons  admitted  members  of  a  lodge  must  be  good 
and  true  men,  free-born,  and  of  mature  and  discreet  age;  no 
bondmen,  no  women,  no  immoral  or  scandalous  men,  but  of  • 
good  report. 

IV.^OF  MASTERS,  WARDENS,  FELLOWS  AND  APPRENTICES. 

All  preferment  among  Masons  is  grounded  upon  real  worth 
and  personal  merit  only;  that  so  the  lords  may  be  well  served, 
the  brethren  not  put  to  shame,  nor  the  Royal  Craft  despised: 
Therefore  no  Master  or  Warden  is  chosen  by  seniority,  but 
for  his  merit.  It  is  impossible  to  describe  these  things  in 
writing,  and  every  Brother  must  attend  in  his  place,  and  learn 
them  in  a  way  peculiar  to  this  Fraternity:  Only  candidates 
may  know  that  no  Master  should  take  an  Apprentice,  unless 
he  has  sufficient  employment  for  him,  and  unless  he  be  a  per- 
fect youth,  having  no  maim  or  defect  in  his  body,  that  may 
render  him  incapable  of  learning  the  art  of  serving  his  mas- 
ter's Lord,  and  of  being  made  a  Brother,  and  then  a  Fellow 


24  PBINCIPLES  AND   PRACTICE   OF 

Craft  in  due  time,  even  after  he  has  served  such  a  term  of 
years  as  the  custom  of  the  country  directs ;  and  that  he  should 
be  descended  of  honest  parents;  that  so,  when  otherwise  qual- 
ified, he  may  arrive  to  the  honor  of  being  the  Warden,  and 
then  the  Master  of  the  Lodge,  the  Grand  Warden^  and  at 
length  the  Grand  Master  of  all  the  Lodges,  according  to 
his  merit. 

No  Brother  can  be  a  Warden  until  he  has  passed  the  part 
of  a  Fellow  Craft;  nor  a  Master  until  he  has  acted  as  a 
Warden,  nor  Grand  Warden  until  he  has  been  Master  of  a 
Lodge,  nor  Grand  Master,  unless  he  has  been  a  Fellow  Craft 
before  his  election,  who  is  also  to  be  nobly  born,  or  a  gentle- 
man of  the  best  fashion,  or  some  eminent  scholar,  or  some 
curious  architect  or  other  artist,  descended  of  honest  parents, 
and  who  is  of  singular  great  merit  in  the  opinion  of  the 
lodges.  And  for  the  better,  and  easier,  and  more  honorable 
discharge  of  his  oflBce,  the  Grand  Master  has  a  power  to 
choose  his  own  Deputy  Grand  Master,  who  must  be  then,  or 
must  have  been  formerly,  the  Master  of  a  particular  lodge, 
and  has  the  privilege  of  acting  whatever  the  Grand  Master, 
his  Principal,  should  act,  unless  the  said  Principal  be  present, 
or  interpose  his  authority  by  a  letter. 

These  rulers  and  governors — supreme  and  subordinate — 
of  the  ancient  Lodge,  are  to  be  obeyed  in  their  respective 
stations  by  all  the  Brethren,  according  to  the  old  Charges  and 
Regulations,  with  all  humility,  reverence,  love  and  alacrity. 

V.-OF  THE  MANAGEMENT  OF  THE  CRAFT  IN  WORKING. 
All  Masons  shall  work  honestly  on  working-days,  that  they 
may  live  creditably  on  holy-days;  and  the  time  appointed 


MASONIC  JUEISPKUDENCE.  25 

by  the  law  of  the  laud,  or  confirmed  by  custom,  shall  be 
observed. 

The  most  expert  of  the  Fellow  Craftsmen  shall  be  chosen 
or  appointed  the  Ma-ster  or  Overseer  of  the  Lord's  work; 
who  is  to  be  called  Master  by  those  that  work  under  him. 
The  Craftsmen  are  to  avoid  all  ill  language,  and  to  call  each 
other  by  no  disobliging  name,  but  Brother  or  Fellow,  and  to 
behave  themselves  courteously  within  and  without  the  lodge. 

The  Master  knowing  himself  to  be  able  of  cunning,  shall 
undertake  the  Lord's  work  as  reasonably  as  possible,  and 
truly  dispend  his  goods  as  if  they  were  his  own ;  nor  to 
give  more  wages  to  any  Brother  or  Apprentice  than  he 
really  may  deserve. 

Both  the  Master  and  the  Masons  receiving  their  wages 
justly,  shall  be  faithful  to  the  Lord,  and  honestly  finish  their 
work,  whether  task  or  journey;  nor  put  the  work  to  task 
that  hath  been  accustomed  to  journey. 

None  shall  discover  envy  at  the  prosperity  of  a  Brother, 
nor  supplant  him,  or  put  him  out  of  his  work,  if  he  be  capable 
to  finish  the  same;  for  no  man  can  finish  another's  work  so 
much  to  the  Lord's  profit,  unless  he  be  thoroughly  acquainted 
with  the  designs  and  drafts  of  him  that  began  it. 

When  a  Fellow-Craftsman  is  chosen  Warden  of  the  work 
under  the  Master,  he  shall  be  true  both  to  Master  and  Fel- 
lows, shall  carefully  oversee  the  work  in  the  Master's  absence 
to  the  Lord's  profit;  and  his  Brethren  shall  obey  him. 

All  Masons  employed  shall  meekly  receive  their  wages, 
without  murmuring  or  mutiny,  and  not  desert  the  Master  till 
the  work  is  finished. 
2 


26  PRINCIPLES  AND   PRACTICE   OP 

A  younger  Brother  shall  be  instructed  in  working,  to 
prevent  spoiling  the  materials  for  want  of  judgment,  and  for 
increasing  and  continuing  of  Brotherly  Love. 

All  the  tools  used  in  working  shall  be  approved  by  the 
Grand  Lodge. 

No  laborer  shall  be  employed  in  the  proper  work  of  Mason- 
ry; nor  shall  Free  Maso-ns  work  with  those  that  are  not  free, 
without  an  urgent  necessity;  nor  shall  they  teach  laborers  and 
unaccepted  Masons  as  they  should  teach  a  Brother  or  Fellow. 

VI.-OF  BEHAVIOR. 
1. — In  the  Lodge  xrihUe  constUvied. 

You  are  not  to  hold  private  committees  or  separate  con- 
versation, without  leave  from  the  Master,  nor  to  talk  of  any 
thing  impertinent  or  unseemly,  nor  interrupt  the  Master  or 
Wardens,  or  any  Brother  speaking  to  the  Master:  Nor 
behave  yourself  ludicrously  or  jestingly  while  the  Lodge  is 
engaged  in  what  is  serious  and  solemn;  nor  use  any  unbe- 
coming language  upon  any  pretence  whatsoever;  but  to  pay 
due  reverence  to  your  Master,  Wardens  and  Fellows,  and 
put  them  to  worship. 

If  any  complaint  be  brought,  the  Brother  found  guilty 
shall  stand  to  the  award  and  determination  of  the  Lodge, 
who  are  the  proper  and  competent  judges  of  all  such  contro- 
versies, (unless  you  carry  it  by  appeal  to  the  Grand  Lodge,) 
and  to  whom  they  ought  to  be  referred,  unless  a  Lord's  work 
be  hindered  the  mean  while,  in  which  case  a  particular  refer- 
ence may  be  made;  but  you  must  never  go  to  law  about 
what  concerneth  Masonry,  without  an  absolute  necessity, 
apparent  to  the  Lodge. 


8  R  A 
or  THC 

.DIVERSITY 


MASONIC   JURISPEUDENCE.  27 


2.— Behavior  after  the  Lodge  is  over,  and  the  Brethren  not  gone. 

You  may  enjoy  yourselves  with  innocent  mirth,  treating 
one  another  according  to  ability,  but  avoiding  all  excess,  or 
forcing  any  Brother  to  eat  or  drink  beyond  his  inclination, 
or  hindering  him  from  going  when  his  occasions  call  him,  or 
doing  or  saying  any  thing  offensive,  or  that  may  forbid  an 
EASY  and  FREE  conversation;  for  that  would  blast  our  har- 
mony, and  defeat  our  laudable  purposes.  Therefore  no  private 
piques  or  quarrels  must  be  brought  within  the  door  of  the 
Lodge,  far  less  any  quarrels  about  religion,  or  nations,  or 
State  policy,  we  being  only,  as  Masons,  of  the  Catholic  reli- 
gion above  mentioned;  we  are  also  of  all  nations,  tongues, 
kindreds  and  languages,  and  are  resolved  against  all  politicSf 
as  what  never  yet  conduced  to  the  welfare  of  the  Lodge,  nor 
ever  will.  This  Charge  has  been  always  strictly  enjoined  and 
observed;  but  especially  ever  since  the  Reformation  in  Bri- 
tain, or  the  dissent  and  secession  of  these  nations  from  the 
communion  of  Rome. 

3. — Behavior  when  Brethren  meet  without  Strangers,  hut  not  in  a 
Lodge  formed. 

You  are  to  salute  one  another  in  a  courteous  manner,  as 
you  will  be  instructed,  calling  each  other  Brother,  freely 
giving  mutual  instruction  as  shall  be  thought  expedient, 
without  being  overseen  or  overheard,  and  without  encroach- 
ing upon  each  other,  or  derogating  from  that  respect  which 
is  due  to  any  Brother,  were  he  not  a  Mason:  for  though  all 
Masons  are  as  Brethren  upon  the  same  Level,  yet  Masonry 
takes  no  honor  from  a  man  that  he  had  before ;  nay,  rather 
it  adds  to  his  honor,  especially  if  he  has  deserved  well  of  the 


28  PBINCIPLES  AND   PRACTICE   OP 

Brotherhood,  who  must  give  honor  to  whom  it  is  due,  and 
avoid  ill  manners. 

4. — Behavior  in  Presence  of  Strangers  not  Masons. 
You  shall  be  cautious  in  your  words  and  carriage,  that  the 
most  penetrating  stranger  shall  not  be  able  to  discover  oi 
find  out  what  is  not  proper  to  be  intimated;  and  sometimes 
you  shall  divert  a  discourse,  and  manage  it  prudently  for  the 
honor  of  the  Worshipful  Fraternity. 

5. — Behavior  at  Rome  and  in  yoiir  Neighborhood. 
You  are  to  act  as  becomes  a  moral  and  wise  man,  partic- 
ularly not  to  let  your  family,  friends  and  neighbors  know  the 
concerns  of  the  Lodge,  etc.,  but  wisely  to  consult  your  own 
honor,  and  that  of  the  Ancient  Brotherhood,  for  reasons  not 
to  be  mentioned  here.  You  must  also  consult  your  health, 
by  not  continuing  together  too  late,  or  too  long  from  home, 
after  lodge  hours  are  past;  and  by  avoiding  of  gluttony  or 
drunkenness,  that  your  families  be  not  neglected  or  injured, 
nor  you  disabled  from  working. 

6. — Behavior  towards  a  Strange  Brother. 

You  are  cautiously  to  examine  him,  in  such  a  method  as 
prudence  shall  direct  you,  that  you  may  not  be  imposed  upon 
by  an  ignorant  false  pretender,  whom  you  are  to  reject  with 
contempt  and  derision,  and  beware  of  giving  him  any  hints 
of  knowledge. 

But  if  you  discover  him  to  be  a  true  and  genuine  Brother, 
you  are  to  respect  him  accordingly;  and  if  he  is  in  want,  you 
must  relieve  him,  if  you  can,  or  else  direct  him  how  he  may 
be  relieved:  You  must  employ  him  some  days,  or  else  recom- 


MASONIC  JURISPRUDENCE.  29 

mend  him  to  be  employed.  But  you  are  not  charged  to  do 
beyond  your  ability,  only  to  prefer  a  poor  Brother,  that  is  a 
good  man  and  true,  before  any  other  poor  people  in  the  same 
circumstances 

Finally,  All  these  Charges  you  are  to  observe,  and  also 
those  that  shall  be  communicated  to  you  in  another  way; 
cultivating  Brotherly  Love,  the  foundation  and  cape-stone, 
the  cement  and  glory  of  this  ancient  Fraternity ;  avoiding  all 
wrangling  and  quarreling,  all  slander  and  backbiting,  nor 
permitting  others  to  slander  any  honest  Brother,  but  defend- 
ing bis  character,  and  doing  him  all  good  offices,  as  far  as  is 
consistent  with  your  honor  and  safety,  and  no  farther.  And 
if  any  of  them  do  you  injury,  you  must  apply  to  your  own  or 
his  Lodge,  and  from  thence  you  may  appeal  to  the  Grand 
Lodge  at  the  quarterly  communication,  and  from  thence  to 
the  Annual  Grand  Lodge,  as  has  been  the  ancient  laudable 
conduct  of  our  forefathers  in  every  nation;  never  taking  a 
legal  course,  but  when  the  case  cannot  be  otherwise  decided, 
and  patiently  listening  to  the  honest  and  friendly  advice  of 
Master  and  Fellows,  when  they  would  prevent  your  going  to 
law  with  strangers,  or  would  excite  you  to  put  a  speedy 
period  to  all  lawsuits,  that  so  you  may  mind  the  affair  of 
Masonry  with  the  more  alacrity  and  success;  but  with  respect 
to  Brothers  or  Fellows  at  law,  the  Master  and  Brethren 
should  kindly  offer  their  mediation,  which  ought  to  be  thank- 
fully submitted  to  by  the  contending  Brethren ;  and  if  that 
submission  is  impracticable,  they  must,  however,  carry  on 
their  process,  or  lawsuit,  without  wrath  and  rancor,  (not  in 


30  PRINCIPLES  AND  PRACTICE  OF 

the  common  way,)  saying  or  doing  nothing  which  may  hinder 
Brotlierly  Love,  and  good  oflfices  to  be  renewed  and  contin- 
ued ;  that  all  may  see  the  benign  influence  of  Masonry,  as  all 
true  Masons  have  done  from  the  beginning  of  the  world,  and 
will  do  to  the  end  of  time.     Amen.     So  mote  it  be. 


GENERAL   REGULATIONS, 

CoMPHiED  first  by  Mr.  Geohge  Patne,  Anno  1720,  when  he  vraa 
Grand  Master,  and  approved  by  the  Grand  Lodge  on  St.  John 
Baptist's  Day,  Anno  1721,  at  Stationer's  Hall,  London;  when 
the  most  noble  Prince  John,  Duke  of  Montagu,  was  unanimously 
chosen  our  Grand  Master  for  the  year  ensuing;  who  chose  John 
Beal,  M.  D.,  his  Deputy  Grand  Master;  and  Mr.  Josiah  Velle- 
NEAU  and  Mr.  Thomas  Mokms,  Jun.,  were  chosen  by  the  Lodge 
Grand  Wardens.  And  now,  by  the  command  of  our  said  Eight 
WorshipfiA  Grand  Master  Montagu,  the  Author  of  this  book  has 
compared  them  with,  and  reduced  them  to  the  ancient  Records 
and  immemorial  Usages  of  the  Fraternity,  and  digested  them 
into  this  new  method,  with  several  proper  Explications,  for  the 
use  of  the  Lodges  in  and  about  London  and  Westminster. 

I.  The  Grand  Master  or  his  Deputy  hath  authority  and 
right  not  only  to  be  present  in  any  true  Lodge,  but  also  to 
preside  wherever  he  is,  with  the  Master  of  the  Lodge  on  his 
left  hand,  and  to  order  his  Grand  Wardens  to  attend  him, 
who  are  not  to  act  in  particular  Lodges  as  Wardens,  but  in 
his  presence,  and  at  his  command;  because  there  the  Grand 
Master  may  command  the  Wardens  of  that  Lodge,  or  any 


MASONIC   JUEISPEUDENCE.  31 

other  Brethren  he  pleaseth,  to  attend  and  act  as  his  Ward- 
ens pro  tempore. 

II.  The  Master  of  a  particular  Lodge  has  the  right  and 
authority  of  congregating  the  members  of  his  Lodge  into  a 
Chapter  at  pleasure,  upon  any  emergency  or  occurrence,  as 
well  as  to  appoint  the  time  and  place  of  their  usual  forming; 
and  in  case  of  sickness,  death,  or  necessary  absence  of  the 
Master,  the  Senior  Warden  shall  act  as  Master  pro  tempore, 
if  no  Brother  is  present  who  has  been  Master  of  that  Lodge 
before ;  for  in  that  case  the  absent  Master's  authority  reverts 
to  the  last  Master  then  present ;  though  he  cannot  act  until 
the  said  Senior  Warden  has  once  congregated  the  Lodge,  or, 
in  his  absence,  the  Junior  Warden. 

III.  The  Master  of  each  particular  Lodge,  or  one  of  the 
Wardens,  or  some  other  Brother  by  his  order,  shall  keep  a 
book  containing  their  By-laws,  the  names  of  their  members, 
with  a  list  of  all  the  Lodges  in  town,  and  the  usual  times  and 
places  of  their  forming,  and  all  their  transactions  that  are 
proper  to  be  written. 

lY.  No  Lodge  shall  make  more  than  five  new  Brethren 
at  one  time,  nor  any  man  under  the  age  of  twenty- five,  who 
must  be  also  his  own  master,  unless  by  a  Dispensation  from 
the  Grand  Master  or  his  Deputy. 

V.  No  man  can  be  made  or  admitted  a  member  of  a  par- 
ticular Lodge,  without  previous  notice  one  month  before 
given  to  the  said  Lodge,  in  order  to  make  due  inquiry  into 
the  reputation  and  capacity  of  the  candidate ;  unless  by  the 
Dispensation  aforesaid. 

VI.  But  no  man  can  be  entered  a  Brother  in  any  particu- 


32  PRINCIPLES  AND    PRACTICE  OP 

lar  Lodge,  or  admitted  to  be  a  member  thereof,  without  the 
unanimous  consent  of  ail  the  members  of  that  Lodge  then 
present  when  the  candidate  is  proposed,  and  their  consent  is 
formally  asked  by  the  Master ;  and  they  are  to  signify  their 
consent  or  dissent  in  their  own  prudent  way,  either  virtually 
or  in  form,  but  with  unanimity:  Nor  is  this  inherent  privi- 
lege subject  to  a  Dispensation;  because  the  members  of  a 
particular  Lodge  are  the  best  judges  of  it;  and  if  a  fractious 
member  should  be  imposed  on  them,  it  might  spoil  their  har- 
mony or  hinder  their  freedom;  or  even  break  or  disperse 
the  Lodge,  which  ought  to  be  avoided  by  all  good  and  true 
Brethren. 

YII.  Every  new  Brother  at  his  making  is  decently  to  clothe 
the  Lodge — that  is,  all  the  Brethren  present — and  to  deposit 
something  for  the  relief  of  indigent  and  decayed  Brethren,  as 
the  candidate  shall  think  fit  to  bestow,  over  and  above  the 
small  allowance  stated  by  the  By-laws  of  that  particular 
Lodge;  which  charity  shall  be  lodged  with  the  Master  or 
Wardens,  or  the  cashier,  if  the  members  think  fit  to  choose  one. 
And  the  candidate  shall  also  solemnly  promise  to  submit  to 
the  Constitutions,  the  Charges  and  Regulations,  and  to  such 
other  good  Usages  as  shall  be  intimated  to  them  in  time  and 
place  convenient. 

YIII.  No  set  or  number  of  Brethren  shall  withdraw  or 
separate  themselves  from  the  Lodge  in  which  they  were 
made  Brethren,  or  were  afterwards  admitted  members,  unless 
the  Lodge  becomes  too  numerous ;  nor  even  then  without  a 
Dispensation  from  the  Grand  Master  or  his  Deputy;  and 
when  they  are  thus  separated,  they  must  either  immediately 


MASONIC   JURISPRUDENCE.  33 

join  themselves  to  such  other  Lodge  as  they  shall  like  best, 
with  the  unanimous  consent  of  that  other  Lodge  to  which  they 
go,  (as  above  regulated,)  or  else  they  must  obtain  the  Grand 
Master's  Warrant  to  join  in  forming  a  new  lodge. 

If  any  set  or  number  of  Masons  shall  take  upon  themselves 
to  form  a  Lodge  without  the  Grand  Master's  Warrant,  the 
regular  lodges  are  not  to  countenance  them,  nor  own  them 
as  fair  Brethren  and  duly  formed,  nor  approve  of  their  acts 
and  deeds;  but  must  treat  them  as  rebels,  until  they  humble 
themselves,  as  the  Grand  Master  shall  in  his  prudence  direct, 
and  until  he  approve  of  them  by  his  Warrant,  which  must  be 
signified  to  the  other  lodges,  as  the  custom  is  when  a  new 
lodge  is  to  be  registered  in  the  List  of  Lodges. 

IX.  But  if  any  Brother  so  far  misbehave  himself  as  to  ren- 
der his  Lodge  uneasy,  he  shall  be  twice  duly  admonished  by 
the  Master  or  Wardens  in  a  formed  lodge;  and  if  he  will  not 
refrain  his  imprudence,  and  obediently  submit  to  the  advice 
of  the  Brethren,  and  reform  what  gives  them  offence,  he  shall 
be  dealt  with  according  to  the  By-laws  of  that  particular 
Lodge,  or  else  in  such  a  manner  as  the  Quarterly  Communi- 
cation shall  in  their  great  prudence  think  fit;  for  which  a  new 
Regulation  may  be  afterwards  made. 

X.  The  majority  of  every  particular  lodge,  when  congre- 
gated, shall  have  the  privilege  of  giving  instructions  to  their 
Master  and  Wardens,  before  the  assembling  of  the  Grand 
Chapter  or  Lodge,  at  the  three  Quarterly  Communications 
hereafter  mentioned,  and  of  the  Annual  Grand  Lodge  too; 
because  their  Masters  and  Wardens  are  their  representatives, 
and  are  supposed  to  speak  their  mind. 


34  PRINCIPLES   AND   PRACTICE  OF 

XI.  All  particular  lodges  are  to  observe  the  same  Usages 
as  much  as  possible;  in  order  to  which,  and  for  cultivating  a 
good  understanding  among  Freemasons,  some  members  out 
of  every  lodge  shall  be  deputed  to  visit  the  other  lodges  as 
often  as  shall  be  thought  convenient. 

XII.  Tiie  Grand  Lodge  consists  of,,  and  is  formed  by  the 
Masters  and  Wardens  of  all  the  regular  particular  lodges 
upon  record,  with  the  Grand  Master  at  their  head,  and  his 
Deputy  on  his  left  hand,  and  the  Grand  Wardens  in  their 
proper  places,  and  must  have  a  Quarterly  Communication 
about  Michaelmas,  Christmas,  and  Lady-day,  in  some  con- 
venient place,  as  the  Grand  Master  shall  appoint,  where  no 
Brother  shall  be  present  who  is  not  at  that  time  a  member 
thereof,  without  a  Dispensation;  and  while  he  stays,  he  shall 
not  be  allowed  to  vote,  nor  even  give  his  opinion,  without 
leave  of  the  Grand  Lodge,  asked  and  given,  or  unless  it  be 
duly  asked  by  the  said  lodge. 

All  matters  are  to  be  determined  in  the  Grand  Lodge  by 
a  majority  of  votes,  each  member  having  one  vote,  and  the 
Grand  Master  having  two  votes,  unless  the  said  lodge  leave 
any  particular  thing  to  the  determination  of  the  Grand 
Master  for  the  sake  of  expedition. 

XIII.  At  the  said  Quarterly  Communication,  all  matters 
that  concern  the  Fraternity  in  general,  or  particular  Lodges, 
or  single  Brethren,  are  quietly,  sedately,  and  maturely  to  be 
discoursed  of  and  transacted:  Apprentices  must  be  admitted 
Masters  and  Fellow  Craft  only  here,  unless  by  a  Dispensation. 
Here  also  all  differences  that  cannot  be  made  up  and  accom- 
modated privately,  nor  by  a  particular  Lodge,  are  to  be  seri- 


MASONIC  JURISPRUDENCE.  35 

ously  considered  and  decided:  And  if  any  Brother  thinks 
himself  aggrieved  by  the  decision  of  this  Board,  he  may  ap- 
peal to  the  Annual  Grand  Lodge  next  ensuing,  and  leave  his 
appeal  in  writing  with  the  Grand  Master,  or  his  Deputy,  or 
the  Grand  Wardens. 

Here,  also,  the  Master  or  the  Wardens  of  each  particular 
Lodge  shall  bring  and  produce  a  list  of  such  members  as 
have  been  made,  or  even  admitted,  in  their  particular  lodges 
since  the  last  communication  of  the  Grand  Lodge;  and  there 
shall  be  a  book  kept  by  the  Grand  Master  or  his  Deputy,  or 
rather  by  some  brother  whom  the  Grand  Lodge  shall  appoint 
for  Secretary,  wherein  shall  be  recorded  all  the  Lodges,  with 
their  usual  times  and  places  of  forming,  and  the  names  of  all 
the  members  of  each  Lodge;  and  all  the  affairs  of  the  Grand 
Lodge  thatvare  proper  to  be  written. 

They  shall  also  consider  of  the  most  prudent  and  effectual 
methods  of  collecting  and  disposing  of  what  money  shall  be 
given  to  or  lodged  with  them  in  Charity,  towards  the  relief 
only  of  any  true  Brother  fallen  into  poverty  or  decay,  but  of 
none  else:  But  every  particular  Lodge  shall  dispose  of  their 
own  Charity  for  poor  Brethren,  according  to  their  own  By- 
laws, until  it  be  agrefed  by  all  the  lodges  (in  a  new  Regula- 
tion) to  carry  in  the  Charity  collected  by  them  to  the  Grand 
Lodge,  at  the  Quarterly  or  Annual  Communication,  in  order 
to  make  a  common  stock  of  it,  for  the  more  handsome  relief 
of  poor  Brethren. 

They  shall  also  appoint  a  Treasurer,  a  Brother  of  good 
worldly  substance,  who  shall  be  a  member  of  the  Grand 
Lodge  by  virtue  of  his  office,  and  shall  be  always  present, 


36  PRINCIPLES  AND    PRACTICE   OF 

and  have  power  to  move  to  the  Grand  Lodge  anything,  espe- 
cially what  concerns  his  office.  To  him  shall  be  committed  all 
money  raised  for  Charity,  or  for  any  other  use  of  the  Grand 
Lodge,  which  he  shall  write  down  in  a  book,  with  the  respect- 
ive ends  and  uses  for  which  the  several  sums  are  intended;  and 
shall  expend  and  disburse  the  same  by  such  a  certain  order 
signed,  as  the  Grand  Lodge  shall  afterwards  agree  to  in  a 
new  Regulation:  But  he  shall  not  vote  in  choosing  a  Grand 
Master  or  Wardens,  though  in  every  other  transaction.  As 
in  like  manner  the  Secretary  shall  be  a  member  of  the  Grand 
Lodge  by  virtue  of  his  office,  and  vote  in  everything,  except 
in  choosing  a  Grand  Master  or  Wardens. 

The  Treasurer  and  Secretary  shall  have  each  a  clerk,  who 
must  be  a  Brother  and  Fellow  Craft,  but  never  must  be  a 
member  of  the  Grand  Lodge,  nor  speak  without  being  allowed 
or  desired. 

The  Grand  Master,  or  his  Deputy,  shall  always  command 
the  Treasurer  and  Secretary,  with  their  clerks  and  books,  in 
order  to  see  how  matters  go  on,  and  to  know  what  is  expe- 
dient to  be  done  upon  any  emergent  occasion. 

Another  Brother  (who  must  be  a  Fellow  Craft)  should  be 
appointed  to  look  after  the  door  of  the  Grand  Lodge,  but 
shall  be  no  member  of  it. 

But  these  offices  may  be  farther  explained  by  a  new  Reg- 
ulation, when  the  necessity  and  expediency  of  them  may 
more  appear  than  at  present  to  the  Fraternity. 

XIY.  If  at  any  Grand  Lodge,  stated  or  occasional,  quar- 
terly or  annual,  the  Grand  Master  and  his  Deputy  should  be 
both  absent,  then  the  present  Master  of  a  Lodge,  that  has 


MASONIC  JURISPEUDENCE.  37 

been  the  longest  a  Freemason,  shall  take  the  chair,  and  pre- 
side as  Grand  Master  pro  tempore,  and  shall  be  vested  with 
all  his  power  and  honor  for  the  time:  provided  there  is  no 
Brother  present  that  has  been  Grand  Master  formerly,  or 
Deputy  Grand  Master;  for  the  last  Grand  Master  present, 
or  else  the  last  Deputy  present,  should  always  of  right  take 
place  in  the  absence  of  the  present  Grand  Master  and  his 
Deputy. 

XY.  In  the  Grand  Lodge  none  can  act  as  Wardens  but 
the  Grand  Wardens  themselves,  if  present;  and,  if  absent, 
the  Grand  Master,  or  the  person  who  presides  in  his  place, 
shall  order  private  Wardens  to  act  as  Grand  Wardens  pro 
tempore,  whose  places  are  to  be  supplied  by  two  Fellow  Craft 
of  the  same  Lodge,  called  forth  to  act,  or  sent  thither  by  the 
particular  Master  thereof;  or  if  by  him  omitted,  then  they 
shall  be  called  by  the  Grand  Master,  that  so  the  Grand  Lodge 
may  be  always  complete. 

XYI.  The  Grand  Wardens,  or  any  others,  are  first  to  advise 
with  the  Deputy  about  the  affairs  of  the  Lodge  or  of  the 
Brethren,  and  not  to  apply  to  the  Grand  Master  without  the 
knowledge  of  the  Deputy,  unless  he  refuse  his  concurrence  in 
any  cert;ain  necessary  affair;  in  which  case,  or  in  case  of  any 
difference  between  the  Deputy  and  the  Grand  Wardens,  or 
other  Brethren,  both  parties  are  to  go  by  concert  to  the  Grand 
Master,  who  can  easily  decide  the  controversy  and  make  up 
the  difference  by  virtue  of  his  great  authority. 

The  Grand  Master  should  receive  no  intimation  of  business 
concerning  Masonry  but  from  his  Deputy  first,  except  in  such 
certain  cases  as  his  Worship  can  well  judge  of;  for  if  the 


38  PRINCIPLES  AND  PRACTICE  OP 

application  to  the  Grand  Master  be  irregular,  he  can  easily 
order  the  Grand  Wardens,  or  any  other  Brethren  thus  apply- 
ing, to  wait  upon  his  Deputy,  who  is  to  prepare  the  business 
speedily,  and  to  lay  it  orderly  before  his  Worship. 

XYII.  No  Grand  Master,  Deputy  Grand  Master,  Grand 
Wardens,  Treasurer,  Secretary,  or  whoever  acts  for  them,  or 
in  their  stead  pro  tempore^  can  at  the  same  time  be  the  Master 
or  Warden  of  a  particular  Lodge ;  but  as  soon  as  any  of 
them  has  honorably  discharged  his  Grand  OflBcc,  he  returns 
to  that  post  or  station  in  his  particular  Lodge,  from  which 
he  was  called  to  officiate  above. 

XYIII.  If  the  Deputy  Grand  Master  be  sick,  or  necessarily 
absent,  the  Grand  Master  may  choose  any  Fellow  Craft  he 
please  to  be  his  Deputy  pro  tempore :  But  he  that  is  chosen 
Deputy  at  the  Grand  Lodge,  and  the  Grand  Wardens  too, 
cannot  be  discharged  without  the  cause  fairly  appear  to  the 
majority  of  the  Grand  Lodge;  and  the  Grand  Master,  if  he 
is  uneasy,  may  call  a  Grand  Lodge  on  purpose  to  lay  the 
cause  before  them,  and  to  have  their  advice  and  concurrence: 
in  which  case,  the  majority  of  the  Grand  Lodge,  if  they  cannot 
reconcile  the  Master  and  his  Deputy  or  his  Wardens,  are  to 
concur  in  allowing  the  Master  to  discharge  his  said  Deputy 
or  his  said  Wardens,  and  to  choose  another  Deputy  immedi- 
ately ;  and  the  said  Grand  Lodge  shall  choose  other  Wardens 
in  that  case,  that  harmony  and  peace  may  be  preserved. 

XIX.  If  the  Grand  Master  should  abuse  his  power,  and 
render  himself  unworthy  of  the  obedience  and  subjection  of 
the  Lodges,  he  shall  be  treated  in  a  way  and  manner  to  be 
agreed  upon  in  a  new  Regulation;  because  hitherto  the  An- 


MASONIC  JURISPRUDENCE.  39 

cient  Fraternity  have  had  no  occasion  for  it,  their  former 
Grand  Masters  having  all  behaved  themselves  worthy  of  that 
honorable  office. 

XX.  The  Grand  Master,  with  his  Deputy  and  Wardens, 
shall  (at  least  once)  go  round  and  visit  all  the  Lodges  about 
town  during  his  mastership. 

XXI.  If  the  Grand  Master  die  during  his  mastership,  or 
by  sickness,  or  by  being  beyond  sea,  or  any  other  way  should 
be  rendered  incapable  of  discharging  his  office,  the  Deputy, 
or,  in  his  absence,  the  Senior  Grand  Warden,  or,  in  his  ab- 
sence, the  Junior,  or,  in  his  absence,  any  three  present  Mas- 
ters of  Lodges,  shall  join  to  congregate  the  Grand  Lodge 
immediately,  to  advise  together  upon  that  emergency,  and 
to  send  two  of  their  number  to  invite  the  last  Grand  Master 
to  resume  his  office,  which  now  in  course  reverts  to  him; 
or,  if  he  refuse,  then  the  next  last,  and  so  backward.  But 
if  no  former  Grand  Master  can  be  found,  then  the  Deputy 
shall  act  as  Principal  until  another  is  chosen ;  or,  if  there  be 
no  Deputy,  then  the  oldest  Master. 

XXII.  The  Brethren  of  all  the  Lodges  in  and  about 
London  and  Westminster  shall  meet  at  an  Annual  Communi- 
cation and  Feast,  in  some  convenient  place,  on  St.  John  Bap- 
tisfs  Day,  or  else  on  St.  John  Evangelisfs  Day,  as  the  Grand 
Lodge  shall  think  fit  by  a  new  Regulation,  having  of  late  years 
met  on  St.  John  Baptist's  Day:  Provided, 

The  majority  of  the  Masters  and  Wardens,  with  the  Grand 
Master,  his  Deputy  and  Wardens,  agree  at  their  Quarterly 
Communications,  three  months  before,  that  there  shall  be  a 
Feast  and  a  General  Communication  of  all  the  Brethren:  For 


40  PRINCIPLES  AND    PRACTICE    OP 

if  either  the  Grand  Master,  or  the  majority  of  the  particular 
IMasters,  are  against  it,  it  must  be  dropped  for  that  time. 

But  whether  there  shall  be  a  Feast  for  all  the  Brethren  or 
not,  yet  the  Grand  Lodge  must  meet  in  some  convenient 
phice  annually  on  St.  John's  Day ;  or,  if  it  be  Sunday,  then 
on  the  next  day,  in  order  to  choose  every  year  a  new  Grand 
Master,  Deputy  and  Wardens. 

XXIII.  If  it  be  thought  expedient,  and  the  Grand  Master, 
with  the  majority  of  the  Masters  and  Wardens,  agree  to  hold 
a  Grand  Feast,  according  to  the  ancient  laudable  custom  of 
Masons,  then  the  Grand  Wardens  shall  have  the  care  of  pre- 
paring the  tickets,  sealed  with  the  Grand  Master^s  seal,  of 
disposing  of  the  tickets,  of  receiving  the  money  for  the 
tickets,  of  buying  the  materials  of  the  Feast,  of  finding  out 
a  proper  and  convenient  place  to  feast  in,  and  of  every  other 
thing  that  concerns  the  entertainment. 

But,  that  the  work  may  not  be  too  burdensome  to  the  two 
Grand  Wardens,  and  that  all  matters  may  be  expeditiously 
and  safely  managed,  the  Grand  Master  or  his  Deputy  shall 
have  power  to  nominate  and  appoint  a  certain  number  of 
Stewards,  as  his  Worship  shall  think  fit,  to  act  in  concert 
with  the  two  Grand  Wardens;  all  things  relating  to  the  Feast 
being  decided  amongst  them  by  a  majority  of  voices,  except 
the  Grand  Master  or  his  Deputy  interpose  by  a  particular 
direction  or  appointment. 

XXIY.  The  Wardens  and  Stewards  shall  in  due  time  wait 
upon  thfe  Grand  Master  or  his  Deputy  for  directions  and 
orders  about  the  premises ;  but  if  his  Worship  and  his 
Deputy  are  sick,  or  necessarily  absent,  they  shall  call  together 


MASONIC   JUEISPEUDENCE.  41 

the  Masters  and  Wardens  of  Lodges  to  meet  on  purpose  for 
their  advice  and  orders;  or  else  they  may  take  the  matter 
wholly  upon  themselves,  and  do  the  best  they  can. 

The  Grand  Wardens  and  the  Stewards  are  to  account  for 
all  the  money  they  receive,  or  expend,  to  the  Grand  Lodge, 
after  dinner,  or  when  the  Grand  Lodge  shall  think  fit  to 
receive  their  accounts. 

If  the  Grand  Master  pleases,  he  may  in  due  time  summon 
all  the  Masters  and  Wardens  of  Lodges,  to  consult  with  them 
about  ordering  the  Grand  Feast,  and  about  any  emergency 
or  accidental  thing  relating  thereunto,  that  may  require 
advice,  or  else  to  take  it  upon  himself  altogether. 

XXY.  The  Masters  of  Lodges  shall  each  appoint  one  expe- 
rienced and  discreet  Fellow  Craft  of  his  Lodge,  to  compose  a 
committee,  consisting  of  one  from  every  Lodge,  who  shall 
meet  to  receive,  in  a  convenient  apartment,  every  person 
that  brings  a  ticket,  and  shall  have  power  to  discourse  him, 
if  they  think  fit,  in  order  to  admit  him  or  debar  him,  as  they 
shall  see  cause:  Provided  they  send  no  man  away  before  they 
have  acquainted  all  the  Brethren  within  doors  with  the  rea- 
sons thereof,  to  avoid  mistakes;  that  so  no  true  Brother  may 
be  debarred,  nor  a  false  brother  or  mere  pretender  admitted. 
This  committee  must  meet  very  early  on  St.  John's  Day  at  the 
place,  even  before  any  persons  come  with  tickets. 

XXYI.  The  Grand  Master  shall  appoint  two  or  more 
TRUSTY  Brethren  to  be  porters  or  door-keepers,  who  are  also 
to  be  early  at  the  place,  for  some  good  reasons,  and  who  are 
to  be  at  the  command  of  the  committee. 

XXYII.  The  Grand  Wardens  or  the  Stewards  shall  ap- 


42  PRINCIPLES  AND    PRACTICE   OP 

point  beforehand  such  a  number  of  brethren  to  serve  at  table 
as  they  think  fit  and  proper  for  that  work;  and  they  may 
advise  with  the  Masters  and  Wardens  of  Lodges  about  the 
most  proper  persons,  if  they  please,  or  may  take  in  such  by 
their  recommendation;  for  none  are  to  serve  that  day  but 
Free  and  Accepted  Masons,  that  the  communication  may  be 
free  and  harmonious. 

XXVIII.  All  the  members  or  the  Grand  Lodge  must  be 
at  tlie  place  long  before  dinner,  with  the  Grand  Master  or 
his  Deputy  at  their  head,  who  shall  retire,  and  form  them- 
selves.    And  this  is  done  in  order — 

1.  To  receive  any  appeals,  duly  lodged,  as  above  regulated, 
that  the  appellant  may  be  heard,  and  the  affair  may  be  ami- 
cably decided  before  dinner,  if  possible;  but  if  it  cannot,  it 
must  be  delayed  till  after  the  new  Grand  Master  is  elected; 
and  if  it  cannot  be  decided  after  dinner,  it  may  be  delayed, 
and  referred  to  a  particular  committee,  that  shall  quietly 
adjust  it,  and  make  report  to  the  next  Quarterly  Communi- 
cation, that  Brotherly  Love  may  be  preserved. 

2.  To  prevent  any  difference  or  disgust  which  may  be  feared 
to  arise  that  day,  that  no  interruption  may  be  given  to  the 
harmony  and  pleasure  of  the  Grand  Feast. 

3.  To  consult  about  whatever  concerns  the  decency  and 
decorum  of  the  Grand  Assembly,  and  to  prevent  all  inde- 
cency and  ill  manners,  the  assembly  being  promiscuous. 

4.  To  receive  and  consider  of  any  good  motion,  or  any 
momentous  and  important  affair,  that  shall  be  brought  from 
the  particular  lodges  by  their  representatives,  their  several 
Masters  and  Wardens. 


MASONIC  JUEISPRUDENCE.  43 

XXIX.  After  these  things  are  discussed,  the  Grand  Mas- 
ter and  his  Deputy,  the  Grand  Wardens  or  the  Stewards,  the 
Secretary,  the  Treasurer,  the  clerks,  and  every  other  person 
shall  withdraw,  and  leave  the  Masters  and  Wardens  of  the 
particular  lodges  alone,  in  order  to  consult  amicably  about 
electing  a  new  Grand  Master,  or  continuing  the  present,  if 
they  have  not  done  it  the  day  before ;  and  if  they  are  unani- 
mous for  continuing  the  present  Grand  Master,  his  Worship 
shall  be  called  in,  and  humbly  desired  to  do  the  Fraternity 
the  honor  of  ruling  them  for  the  year  ensuing:  And  after 
dinner  it  will  be  known  whether  he  accepts  of  it  or  not:  for 
it  should  not  be  discovered  but  by  the  election  itself. 

XXX.  Then  the  Masters  and  Wardens,  and  all  the  Breth- 
ren, may  converse  promiscuously,  or  as  they  please  to  sort 
together,  until  the  dinner  is  coming  in,  when  every  Brother 
takes  his  seat  at  table. 

XXXI.  Some  time  after  dinner,  the  Grand  Lodge  is  form- 
ed, not  in  the  retirement,  but  in  the  presence  of  all  the 
Brethren,  who  yet  are  not  members  of  it,  and  must  not 
therefore  speak  until  they  are  desired  and  allowed. 

XXXII.  If  the  Grand  Master  of  last  year  has  consented 
with  the  Master  and  Wardens  in  private,  before  dinner,  to 
continue  for  the  year  ensuing,  then  one  of  the  Grand  Lodge, 
deputed  for  that  purpose,  shall  represent  to  all  the  Brethren 
his  Worship's  good  government,  etc.  And,  turning  to  him, 
shall,  in  the  name  of  the  Grand  Lodge,  humbly  request  him 
to  do  the  Fraternity  the  great  honor,  (if  nobly  born,  if  not,) 
the  great  kindness  of  continuing  to  be  their  Grand  Master  for 
Jie  year  ensuing.    And  his  Worship  declaring  his  consent  by 


44  PKINCIPLES  AND  PRACTICE  OF 

a  bow  or  a  speech,  as  lie  pleases,  the  said  deputed  member 
of  the  Grand  Lodge  shall  proclaim  him  Grand  Master,  and 
all  the  members  of  the  Lodge  shall  salute  him  in  due  form. 
And  all  the  Brethren  shall  for  a  few  minutes  have  leave  to 
declare  their  satisfaction,  pleasure,  and  congratulation. 

XXXIII.  But  if  either  the  Master  and  Wardens  have  not 
in  private,  this  day  before  dinner,  nor  the  day  before,  desired 
the  last  Grand  Master  to  continue  in  the  mastership  another 
year;  or  if  he,  when  desired,  has  not  consented;  then 

The  last  Grand  Master  shall  nominate  his  successor  for 
the  year  ensuing,  who,  if  unanimously  approved  by  the 
Grand  Lodge,  and,  if  there  present,  shall  be  proclaimed, 
saluted,  and  congratulated  the  new  Grand  Master,  as  above 
hinted,  and  immediately  installed  by  the  last  Grand  Master, 
according  to  Usage. 

XXXIY.  But  if  that  nomination  is  not  unanimously  ap- 
proved, the  new  Grand  Master  shall  be  chosen  immediately 
by  ballot,  every  Master  and  Warden  writing  his  man*s  name, 
and  the  last  Grand  Master  writing  his  man's  name  too;  and 
the  man  whose  name  the  last  Grand  Master  shall  first  take 
out,  casually  or  by  chance,  shall  be  Grand  Master  for  the 
year  ensuing;  and,  if  present,  he  shall  be  proclaimed,  saluted, 
and  congratulated,  as  above  hinted,  and  forthwith  installed 
by  the  last  Grand  Master,  according  to  Usage. 

XXXY.  The  last  Grand  Master  thus  continued,  or  the 
NEW  Grand  Master  thus  installed,  shall  next  nominate  and 
appoint  his  Deputy  Grand  Master,  either  the  last  or  a  new 
one,  who  shall  be  also  declared,  saluted,  and  congratulated, 
as  above  hinted. 


MASONIC  JURISPRUDENCE.  45 

The  Grand  Master  shall  also  nominate  the  new  Grand 
Wardens,  and,  if  unanimousl}^  approved  by  the  Grand  Lodge, 
shall  be  declared,  saluted,  and  congratulated,  as  above  hinted; 
but  if  not,  they  shall  be  chosen  by  ballot,  in  the  same  way  as 
the  Grand  Master:  As  the  Wardens  of  private  lodges  are 
also  to  be  chosen  by  ballot  in  eacb  Lodge,  if  the  members 
thereof  do  not  agree  to  their  Master's  nomination. 

XXXYI.  But  if  the  Brother  whom  the  present  Grand 
Master  shall  nominate  for  his  successor,  or  whom  the  majority 
of  the  Grand  Lodge  shall  happen  to  choose  by  ballot,  is,  by 
sickness  or  other  necessary  occasion,  absent  from  the  Grand 
Feast,  he  cannot  be  proclaimed  the  new  Grand  Master,  unless 
the  old  Grand  Master,  or  some  of  the  Masters  and  Wardens 
of  the  Grand  Lodge  can  vouch,  upon  the  honor  of  a  brother, 
that  the  said  person,  so  nominated  or  chosen,  will  readily 
accept  of  the  said  office ;  in  which  case  the  old  Grand  Master 
shall  act  as  proxy,  and  shall  nominate  the  Deputy  and  Ward- 
ens in  his  name,  and  in  his  name  also  receive  the  usual  hon- 
ors, homage,  and  congratulation. 

XXXYII.  Then  the  Grand  Master  shall  allow  any  Brother, 
Fellow  Craft,  or  Apprentice  to  speak,  directing  his  discourse 
to  his  Worship;  or  to  make  any  motion  for  the  good  of  the 
Fraternity,  which  shall  be  either  immediately  considered  and 
finished,  or  else  referred  to  the  consideration  of  the  Grand 
Lodge  at  their  next  communication,  stated  or  occasional. 
When  that  is  over, 

XXXYIII.  The  Grand  Master  or  his  Deputy,  or  some 
Brother  appointed  by  him,  shall  harangue  all  the  Brethren, 
and  give  them  good  advice:    And,  lastly,  after  some  other 


46  PRINCIPLES  AND  PRACTICE  OF 

transactions,  that  cannot  be  written  in  any  language,  tba 
Brethren  may  go  away  or  stay  longer,  as  they  please. 

XXXIX.  Every  Annual  Grand  Lodge  has  an  inherent 
power  and  authority  to  make  new  Regulations,  or  to  alter 
these,  for  the  real  benefit  of  this  ancient  Fraternity :  Provided 
always  that  the  old  Landmarks  be  carefully  preserved,  and  that 
such  alterations  and  new  Regulations  be  proposed  and  agreed 
to  at  the  third  quarterly  communication  preceding  the  Annual 
Grand  Feast;  and  that  they  be  offered  also  to  the  perusal  of 
all  the  Brethren  before  dinner,  m  writing,  even  of  the  youngest 
Apprentice;  the  approbation  and  consent  of  the  majority  of 
all  the  Brethren  present  being  absolutely  necessary  to  make 
the  same  binding  and  obligatory;  which  must,  after  dinner, 
and  after  the  new  Grand  Master  is  installed,  be  solemnly  de- 
sired ;  as  it  was  desired  and  obtained  for  these  Regulations, 
when  proposed  by  the  Grand  Lodge,  to  about  150  Brethren, 
on  St.  John  Baptist's  Day,  1721. 

With  the  authorities  here  given,  the  Constitutions 
of  his  Grand  Lodge,  and  the  Bj-laws  of  the  Lodge 
which  he  governs,  the  Master  ought  to  be  able  to 
solve  most,  if  not  all,  of  the  questions  that  present 
themselves  in  the  ordinary  course  of  events. 

In  the  succeeding  chapters  we  shall  endeavor  to 
demonstrate  their  appHcation  to  the  prominent  top- 
ics of  the  institution. 


CHAPTER   II. 

SECTION   I. -QUALIFICATIONS. 

Masoney,  like  society  in  general,  is  an  aggregate 
of  individuals,  and  exercises,  as  a  body,  the  sover- 
eignty primarily  invested  in  the  individual  Masons. 
The  source  of  power  being  in  the  people,  it  is  im- 
portant to  consider  who  are  the  proper  persons  to 
be  admitted  among  us,  and  the  qualifications  which 
are  indispensable  to  the  success  of  an  application 
for  admission. 

The  applicant  must  he  free-horn,  "having  no  maim 
or  defect  in  his  body,  that  may  render  him  uncapable 
of  learning  the  art,  and  being  made  a  brother." 

He  must  be  of  laivful  age  ;  that  is,  at  least  twenty- 
one  years ;  nor  can  any  authority  change  or  remove 
this  requirement.  It  is  the  custom  in  Europe  to 
admit  the  son  of  a  Mason,  who  is  called  a  leivis  or 
louveteau,  and  members  of  the  royal  family,  at  the  age 
of  eighteen ;  but  in  this  country  we  regard  Masonry 
as  of  too  serious  a  character  to  be  intrusted  to  boys, 
and  hence  we  follow  the  rule  in  its  integrity. 

He  must  be  under  tlie  tongue  of  good  report;  that  is 
to  say,  of  good  moral  character  and  standing  in  the 


48  TRINCIPLES  AND    PRACTICE  OP 

communitj,  and  have  a  visible  and  honorable  means 
of  obtaining  a  livelihood  for  himself  and  those  who 
may  be  dependent  upon  him. 

He  must  acknowledge  and  declare  Ms  belief  in  the 
existence  of  a  Supreme  Beings  and  a  future  state  of 
existence;  and  that  not  only  does  he  seek  admission 
of  his  own  free  will  and  accord,  but  that  he  is  not  in- 
cited thereto  by  the  solicitation  of  friends,  nor  by  the 
inducement  of  mercenary  or  other  unworthy  motives. 

He  must  be  a  resident  of  the  place  in  which  he 
seeks  to  be  initiated.  In  other  countries  than  our 
own,  this  law  is  not  acknowledged,  and,  indeed,  it  is 
to  be  admitted  that  until  about  the  year  1848  it  was 
unknown  here.  The  regulation  is  now,  however,  in 
force  throughout  the  United  States — exceptions  being 
generally  made  in  the  case  of  mariners  in  the  actual 
practice  of  their  profession,  and  officers  in  the  mili- 
tary or  naval  service  of  the  general  government — and 
has  arisen  from  the  necessities  of  our  contiguous 
jurisdictions ;  the  increase  of  lodges  often  bringing 
those  of  neighboring  States  in  close  proximity  to  the 
line  on  either  side,  which,  together  with  the  facilities 
of  travel,  have  often  given  rise  to  unpleasant  feelings 
between  the  brethren,  by  the  working  up  in  one  jui'is- 
diction  of  material  belonging  to  another.  The  great 
evil  of  the  indiscriminate  making  of  Masons  without 
regard  to  their  place  of  residence,  has  been  the  facil- 


MASONIC   JURISPRUDENCE.  49 

ity  tlius  afforded  to  men  who  liad  no  characters  to 
lose  at  home,  going  abroad,  and  palming  themselves 
off  on  some  new-found  acquaintance  as  suitable  can- 
didates for  the  honors  of  Masonry;  obtaining,  by 
indirection,  what  would  have  been  promptly  refused 
them  where  they  were  known,  and  thus  committing  a 
fraud  upon  the  Craft.  For  this,  and  for  other  reasons 
that  wiU  appear  in  their  proper  place,  the  law  has 
become  general  that  a  man  can  only  be  initiated  in 
the  lodge  nearest  his  place  of  residence,  within  the 
Masonic  jurisdiction  in  which  he  has  his  legal  home. 
He  should  have  a  fixed  and  steady  purpose  in  his 
own  mind  that,  in  uniting  himself  with  the  Masonic 
fratel*nity,  thus  becoming  part  of  an  association  dating 
in  principle  from  the  earhest  civilization,  and  always 
found  engaged  in  the  endeavor  to  enfranchise  the 
spirit  of  man  from  the  bonds  of  ignorance  and  error, 
he  does  so  with  a  desire  to  extend  the  sphere  of  his 
own  usefulness,  and  to  derive  hajjpiness  from  the 
effort  to  increase  the  happiness  of  others.  He  should 
consider  that  in  a  society  existing  wherever  civiliza- 
tion extends,  and  embracing  within  its  membership 
men  of  every  station  in  life,  there  must  necessarily 
be  some  with  whom  he  would  not  willingly  associate ; 
and  yet,  once  received,  they  will  be  his  brethren,  and 
have  the  right  to  claim  his  assistance  and  protection, 
should  they  be  in  distress  from  legitimate  causes, 
3 


50  PRINCIPLES  AND  PRACTICE  OP 

and  thus  lie  must  be  prepared  to  exercise  the  virtue 
of  self-abnegation. 

He  should  also  understand  that,  as  a  Mason,  it 
mil  be  his  duty  to  examine  into  and  study  the  history 
and  ethics  of  the  society,  that  he  may  be  prepared 
to  discharge  the  functions  and  duties  that  may  be 
laid  upon  him,  from  which  it  follows  that  he  should 
have  received  at  least  a  moderate  degree  of  mental 
culture ;  be  capable  of  reading,  that  he  may  emich 
his  own  mind ;  of  writing,  that  he  may  communicate 
his  thoughts  to  others,  and  thus  help  to  increase  the 
general  store  of  knowledge,  not  hiding  his  hght  imder 
a  bushel,  nor  remaining  satisfied  to  be  a  hewer  of 
wood  and  drawer  of  water,  but  striving  to  improve 
the  talent  committed  to  him,  for  his  own  advance- 
ment and  that  of  the  fraternity. 

The  candidate,  thus  quahfied,  proceeds  in  the  steps 
necessary  to  his  acceptance  and  subsequent  progress, 
by  subscribing  to,  and  causing  to  be  presented  to  the 
nearest  Lodge,  his  petition,  which  we  now  proceed  to 
consider. 

SECTION  IT. -THE  PETITION. 

It  was  the  custom  in  olden  times — and  the  rule  is 
still  in  force,  though  sadly  neglected — that  a  person 
desirous  of  being  made  a  Mason  should  present  a 
petition  to  the  Lodge  in  which  he  desired  to  be  ini- 
tiated.   In  many  lodges,  the  practice  now  is,  for  a 


MASONIC  JURISPRUDENCE.  51 

member  to  rise  in  his  place,  and  say,  "  I  propose  Mr. 

for  initiation  in  this  Lodge  ;"  or  the  name  of 

the  candidate,  with  his  age,  occupation,  etc.,  is  handed 
to  the  Secretary,  in  which  case  the  formula  is  varied 

by  his  saying,  "  Brother  Blank  proposes  Mr ," 

etc.  This  is  not  only  a  loose  way  of  doing  business, 
but  is  positively  unmasonic ;  because  it  has  always 
been  required  that  the  candidate  should  present  a 
petition,  signed  with  his  full  name,  and  recommended 
by  two  brethren,  as  an  evidence  that  the  act  was  one 
of  his  own  free-will,  and  with  a  distinct  understand- 
ing of  what  he  proposed  to  do.  The  document  itself 
should  be  preserved  in  the  archives  of  the  Lodge,  as 
an  evidence  of  the  jurisdiction  acquired  by  the  Lodge 
in  the  premises.  It  may  be  in  the  following  or  some 
similar  form : 

^^  To  the  Worshipful  Master,  Wardens  and  Brethren  of 

Lodge,  No ,  of  Free  and  Accepted  Masons. 

"The  undersigned  petitioner  respectfully  sheweth,  that 
having  long  entertained  a  favorable  opinion  of  your  ancient 
institution,  he  now  voluntarily  offers  himself  as  a  candidate 

for  initiation  and  membership  in  your  Lodge.     He  is 

years  of  age;  his  occupation ;  resides 

(Signed)  "A.  B." 

RECOMMENDED  BY 

Bro 

Bro 


62  PRINdfrliES  AND  PRACTICE  OF 

This  petition*  must  be  read  at  a  stated  meeting  of 
the  Lodge  :  no  business  relating  to  the  petition  of  or 
ballot  for  a  candidate  can  be  transacted  at  a  special 
meeting.  The  reason  for  this  is  found  in  the  Fifth 
and  Sixth  of  the  Thirty-nine  Articles  cited  in  the 
preceding  chapter,  namely,  that  aU  the  brethren  may 
have  timely  notice,  and,  by  inquiry  into  the  character 
and  habits  of  the  petitioner,  be  prepared  to  prevent 
a  fractious  or  unwholesome  member  being  imposed 
upon  the  Lodge.  If  it  is  decided  to  receive  the  peti- 
tion, it  is  then  entered  upon  the  record,  and  referred 
to  a  committee  for  investigation.  It  has  now  become 
the  property  of  the  Lodge,  and  cannot  be  withdrawn, 
but  must  take  the  usual  course  by  report  of  committee 
and  ballot.  It  is  the  duty  of  the  committee  not  only 
to  satisfy  themselves  that  the  candidate  is  in  posses- 
sion of  the  necessary  qualifications,  but  that  he  has 
not  previously  been  rejected  by  any  other  Lodge ;  for 
in  that  case,  he  could  not  be  received  (without  the 
consent  of  the  rejecting  Lodge,  and  not  even  then,) 
till  after  the  lapse  of  a  certain  time  provided  for  in 

*  In  the  majority  of  lodges  it  is  required  that  the  petition  should 
be  accompanied  by  a  fee — usually  five  dollars — as  an  earnest  of  the 
sincerity  of  the  petitioner.  It  has  been  decided,  however,  that  the 
money  so  deposited  does  not  become  the  property  of  the  lodge  till 
action  has  been  taken  on  the  petition,  the  understanding  being 
that,  in  case  of  rejection,  this  fee  shall  be  returned. — G.  L.  of  N, 
Y.,  1859. 


MASONIC  JURISPRUDENCE.  53 

the  local  regnlations  of  the  several  Grand  Lodges — > 
six  months  in  some,  one  year  in  others.  The  reason 
for  this  may  be  found  in  the  Fifth  of  the  Ancient 
Charges  : — "  None  shall  discover  envy  at  the  pros- 
perity of  a  brother,  nor  supplant  him,  or  put  him  out 
of  his  work,  if  he  be  capable  to  finish  the  same ;  for 
no  man  can  finish  another's  work  so  much  to  the 
Lord's  profit,  imless  he  be  thoroughly  acquainted  with 
the  designs  and  draughts  of  him  that  began  it." 
Practically,  however,  it  arises  from  the  necessities  of 
multiplied  lodges  and  jurisdictions.  Its  intention  is, 
not  only  to  preserve  harmony  among  the  lodges,  but 
to  shield  the  Craft  against  the  wiles  of  improper  per- 
sons, determined  to  force  themselves  upon  it  at  all 
hazards.  In  ninety-nine  cases  out  of  a  hundred,  the 
rejected  candidate  and  his  friends  feel  that  a  grievous 
injustice  has  been  done  him,  and,  in  the  spirit  of 
human  nature,  set  about  the  discovery  of  some  means 
of  retaliation.  Without  stopping  to  point  out  the 
imjustifiable  and  unmasonic  nature  of  such  proceed- 
ings, it  is  only  necessary  to  say,  that  although,  in 
some  cases,  there  may  be  injustice — for  Masons  are 
not  devoid  of  failings — it  must  not  be  forgotten  that 
the  ballot,  being  "  strictly  and  inviolably  secret,"  we 
cannot  lawfully  inquire  into  the  cause  of  rejection, 
and  can,  therefore,  only  deal  with  it  as  a  fact  for 
wliich  we  are  not  responsible.    Moreover,  it  is  always 


54  PRINCIPLES  AND    PRACTICE  OF 

of  greater  importance  that  the  Craft  should  be  pro- 
tected against  the  admission  of  improper  material, 
and  that  peace  and  harmony  should  be  preserved  in 
the  Lodge,  than  it  is  that  any  man,  however  distin- 
guished, should  be  admitted  to  its  privileges ;  hence 
the  legal  delay  can  never  work  harm,  nor  can  there 
be  any  shadow  of  injustice  in  allowing  the  Lodge  to 
which  the  application  was  first  made,  and  that  thus 
acquired  jurisdiction,  to  retain  it,  till  time  and  inves- 
tigation shall  have  convinced  them  of  the  propriety 
of  their  first  act,  or  of  its  reversal,  on  the  presenta- 
tion of  a  new  petition.  Mistakes  are  common  to  all 
men  and  bodies  of  men,  and  it  does  sometimes  hap- 
pen that  a  black  ball  is  cast  in  error,  as  in  a  case  of 
mistaken  identity;  but  this  does  not  alter  the  fact 
of  the  rejection,  nor  is  there  any  remedy  but  the 
presentation  of  a  new  petition  when  the  proper  time 
has  arrived.  In  this  connection  it  is  proper  to  re- 
mark, that  the  candidate,  when  waited  upon  by  the 
committee,  must — as  the  lawyers  say — well  and  truly 
answer  all  questions  that  may  be  put  to  him  touching 
the  matter  in  hand ;  for  it  is  a  well-settled  principle 
that  a  Mason  may  be  disciplined  for  an  offence  com- 
mitted previous  to  his  initiation,  a  knowledge  of  which 
was  willfully  concealed  at  the  time  of  his  making. — 
{G.  L.  of  N.  7.,  1861.)  Thus,  a  person  who  had 
applied  to  a  lodge,  and  been  rejected,  and  who,  on 


MASONIC   JURISPRUDENCE.  65 

his  application  to  another  lodge,  concealed  that  fact, 
might,  and  ought  to  be  disciplined  for  the  deception 
so  practiced ;  for  although,  as  a  profane,  he  was  not 
amenable  to  Masonic  law,  he  was  bound  to  act  as  an 
honest  man,  in  whose  lexicon  false  pretences  have 
no  place. 

SECTION  III. -THE  BALLOT. 
Assuming  the  committee  to  have  made  its  report, 
favorable  or  otherwise,  the  next  step  is  the  ballot, 
which  is  now  the  universal  method  by  which  the 
brethren  express  their  acceptance  or  rejection  of  a 
candidate ;  for  the  ancient  regulations  do  not  specify 
any  particular  mode  of  voting,  but  only  that  it  shall 
be  done  prudently  and  with  unanimity.  The  first 
and  most  important  consideration  in  connection  with 
the  ballot  is,  that  it  shall  not  be  taken  till  one  month 
after  the  reception  of  the  petition.  We  are  aware 
that  the  practice  is  to  ballot,  in  most  lodges,  at  the 
expiration  of  two  weeks,  and  in  some  cases  one  weeh, 
which  is  in  accordance  with  the  local  regulations  of 
many  Grand  Lodges,  the  letter  of  such  regulations 
being,  that  "  a  petition  for  initiation  or  affiliation  can 
only  be  received  at  a  stated  communication,  and 
must  be  laid  over  till  the  following  one  ;  which  cor- 
rectly answered  the  requirements  when  lodges  met 
but  once  a  month  ;  but  now,  when  nine  lodges  out  of 
ten  meet  twice  in  each  month,  and  many  four  times^ 


56  PRINCIPLES  AND   PRACTICE    OP 

the  letter  may  still  be  adhered  to,  but  the  spirit  is 
certainly  violated.  The  ancient  rule,  to  be  found  in 
the  General  Regulations  of  1721,  that  "  no  man  can 
be  made  or  admitted  a  member  of  a  particular  lodge 
without  previous  notice,  one  month  before  given  to 
the  said  lodge,"  is  still  in  force ;  and,  if  not  abso- 
lutely a  landmark,  is  at  all  events  a  law  of  universal 
acceptance  and  observance,  except  in  the  United 
States.  The  Constitution  of  New  York  (to  which  we 
refer  because  we  are  best  acquainted  with  it)  cites, 
as  a  landmark,  that  "  a  candidate  must  be  proposed 
in  open  lodge,  at  a  stated  meeting,  and  can  only  be 
accepted  at  a  stated  meeting  following;"  nothing 
being  said  of  the  lapse  of  "  one  month,"  found  in  the 
old  regulation  above  quoted,  fi'om  which  it  professes 
to  be  taken ;  but  in  1858  the  Grand  Master  decided 
that  a  proposition  for  honorary  membership  must  lie 
over  for  one  month.  Now,  if  the  empty  privileges  of 
honorary  membership  require  a  month's  considera- 
tion on  the  part  of  the  lodge  conferring  them,  surely 
the  important  act  of  receiving  a  profane  into  active 
membership  ought,  at  least,  to  be  as  maturely  con- 
sidered. A  majority  of  the  Grand  Lodges  we  are, 
however,  happy  to  say,  enforce  the  rule  in  its  integ- 
rity, and  that  they  are  right  in  so  doing,  there  can 
be  no  question. 

There  must  he  a  hallo* :  for  it  is  the  right  of  eveiy 


MASONIC   JUEISPEUDENCE.  57 

member  to  express  his  acquiescence  in  the  admission 
of  the  petitioner,  or  his  refusal  of  that  admission,  as 
his  judgment  may  dictate  ;  and  that,  too,  with  entire 
independence  of  any  responsibility,  save  that  due  to 
his  own  conscience.  If  it  be  held  that  an  unfavora- 
ble report  is  equivalent  to  a  rejection,  and  that  there 
is  no  need  of  a  ballot,  by  a  parity  of  reasoning  it 
might  be  said  that  a  favorable  report  insures  an  elec- 
tion, and  thus  do  away  with  the  ballot  altogether. 

The  ballot  must  he  unanimous. — In  Europe  the  prac- 
tice is,  to  require  three  or  more  negative  ballots  for  a 
rejection ;  but  as  the  oldest  law  we  know  of  requires 
unanimity,  and  we  desire  to  "  stand  on  the  old  ways," 
our  rule  is,  that  without  unanimity,  no  candidate  can 
be  accepted. 

All  the  Brethren  present  must  vote. — In  so  important 
a  matter  as  the  admission  of  a  new  member,  it  is 
e\ddent  that  aU  present  should  participate,  because 
it  is  the  duty  of  every  member  to  see  that,  so  far  as 
his  influence  goes,  no  unworthy  person  is  admitted 
to  membership ;  because,  if  only  a  portion  of  the 
members  vote,  the  old  regulation,  requiring  the  unan- 
imous consent  of  all  present,  cannot  be  complied  with. 
It  is  true,  that  by  unanimous  consent  a  Brother  may 
be  excused  from  voting,  but,  in  that  case,  the  Lodge 
assumes  the  responsibility,  and  it  is  no  longer  the 
act  of  a  single  individual. 


58  PRINCIPLES  AND  PRACTICE  OF 

The  ballot  must  be  secret. — ^Without  tliis  indispensa- 
ble quality,  its  purity  and  independence  cannot  be 
preserved ;  lience  it  is  that  no  Brother  lias  a  right 
to  expose  the  manner  of  his  ballot,  or  to  make 
known  afterward  how  he  has  voted;  for  otherwise 
the  harmony  of  the  Lodge  would  bo  disturbed,  and 
the  conscientious  restriction  that  now  rests  upon 
every  Brother  as  he  approaches  the  ballot-box  would 
be  removed.  The  exposure  of  the  ballot  may,  under 
certain  circumstances,  be  made  a  cause  for  discipHne. 

The  ballot  cannot  be  unreasonably  postponed. — That 
is,  in  the  ordinary  course  of  affairs,  a  motion  to  post- 
pone the  ballot  should  not  be  entertained,  because, 
in  that  case,  some  brother  may  be  deprived  of  his 
right,  and  ultimately  an  unworthy  or  "  fractious  mem- 
ber be  imposed  on  them."  But  for  reasonable  cause, 
a  ballot  might  be  postponed,  though  not  to  a  distant 
period  of  time. 

An  unfavorable  ballot  cannot  be  reconsidered. — When 
after  the  usual  course  the  ballot  is  pronounced  unfa- 
vorable, the  petition  must  also  be  declared  rejected, 
and  that  is  the  end  of  it  until  the  regulations  of  the 
Grand  Lodge  allow  its  presentation  anew.  Hence, 
no  motion  to  reconsider  can  be  entertained ;  but  if, 
before  the  declaration  of  the  state  of  the  ballot,  and 
before  any  of  the  brethren  participating  in  it  shall 
have  left  the  Lodge,  the  Master,  to  avoid  the  possi- 


MASONIC   JURISPRUDENCE.  59 

bility  of  mistake,  or  for  other  reasons,  which  to  his 
judgment  seem  proper,  shall  see  fit  to  cause  it  to  be 
passed  again,  or  even  a  third  time,  it  is  his  undoubted 
prerogative  to  do  so,  though  it  is  recommended  that  if, 
on  the  second  ballot,  the  result  still  appear  unfavor- 
able, it  should  then  cease,  and  the  formal  declaration 
be  made. 

When  the  ballot  is  held  on  an  application  for  affil- 
iation, the  same  rules  apply,  but  there  is  no  delay 
required  in  the  presentation  of  a  new  application. 
In  such  case,  however,  the  Master  should  cause  the 
petition  to  lie  over  at  least  one  regular  meeting,  that 
all  the  Brethren  may  have  an  opportunity  to  express 
their  wishes.  It  will  also  be  understood  that  although 
a  petition  may  be  presented  at  any  time,  the  Lodge 
may  always  decide  whether  it  will  or  will  not  receive  it. 

It  is  now  generally  admitted  that  a  ballot  for  each 
degree  is  an  undeniable  right  when  demanded ;  but 
when  the  ballot  for  the  first  degree  has  been  had,  the 
Lodge  may  refuse  another  for  that  degree,  unless 
cause  be  shown.  Although,  in  regard  to  the  last 
position,  such  is  the  decision  (several  times  affirmed) 
of  our  mother  Grand  Lodge,  we  cannot,  after  mature 
reflection,  say  that  we  approve  it.  The  old  regula- 
tion says,  that  "  no  man  can  be  entered  a  brother  in 
any  particular  Lodge,  or  be  admitted  a  member 
thereof,  without  the  unanimous  consent  of  all  the 


60  PRINCIPLES  AND  PRACTICE  OF 

members  of  that  Lodge,  then  present  when  the  can- 
didate is  proposed^  and  theii*  consent  is  formally  asked 
by  the  Master."  There  is,  we  think,  a  misunderstand- 
ing as  to  the  purport  of  the  word  "proposed," — ^it 
being  generally  taken  in  its  modem  sense,  with  refer- 
ence to  the  first  proposition,  or,  more  properly,  pre- 
sentation of  the  petition,  and  not  to  the  actual  making. 
But  we  have  already  shown  that  the  present  fashion 
of  proposing  a  candidate  is  of  modem  origin,  and, 
like  many  similar  innovations,  has  crept  into  our 
lodges  with  the  initiation  of  persons  previously  affil- 
iated in  other  associations.  The  proposition  here 
referred  to  is,  beyond  doubt,  that  made  by  the  Mas- 
ter when  the  candidate,  having  petitioned  for  initia- 
tion, the  petition  having  been  received,  and  referred 
"to  the  usual  committee,  the  committee  having  report- 
ed, and  the  ballot  having  proved  favorable,  and  the 
candidate  having  presented  himself  for  initiation,  he 
asks  the  formal  consent  of  the  Lodge  to  proceed  to 
that  ceremony.  Under  these  circumstances,  it  would 
clearly  be  the  right  of  any  brother  to  object  to  fur- 
ther proceeding,  and  the  objection  would  have  to  be 
respected ;  otherwise  the  harmony  of  the  Lodge  would 
be  destroyed  and  a  brother  be  offended,  and  perhaps 
driven  out  of  the  Lodge,  for  the  sake  of  a  profane. 
Such  is  the  almost  universal  decision  of  the  authori- 
ties in  the  United  States,  and  we  agree  with  them. 


MASONIC   JUKISPRUDENCE.  61 

The  ballot  is  of  such  paramount  importance,  that, 
in  concluding  this  chapter,  we  trust  to  be  pardoned 
for  detaining  the  reader  with  a  few  considerations 
connected  with  the  use  of  the  black  ball.  The  nega- 
tive ballot  has  been  aptly  termed  the  palladium  of 
Masonry ;  for  on  its  discreet  use  the  institution  rehes 
as  a  safeguard  against  the  unworthy,  who  seek  ad- 
mission to  our  temples  for  purposes  utterly  foreign 
to  the  designs  laid  down  upon  the  original  trestle- 
boards  of  the  Craft.  The  more  popular  Masonry 
becomes,  the  greater  will  be  the  number  of  the  pro- 
fane, finding  much  in  it  to  admire,  nothing  to  condemn, 
and  everything  to  gain  by  affiliation  with  it ;  and  the 
greater  will  be  the  necessity  for  some  one  in  each 
Lodge  to  stand  guard  over  the  sanctuary,  armed  with 
an  instrument  that  shall  execute  his  will, 

"As  lightning  does  tlie  will  of  God." 

Such,  in  the  hands  of  a  true  and  trusty  brother,  is 
the  black-ball.  Well  would  it  be  for  Masonry  if  no 
others  used  it ;  well  would  it  be  for  Masons  if  they 
could  school  their  minds  to  a  rigid  respect  for  its 
appearance  in  the  ballot,  even  though  a  brother  were 
passing  the  ordeal.  To  these  causes,  more  than  aU 
others,  may  be  traced  the  difficulties  that  arise  in 
Lodges  :  the  scandal,  the  heart-burnings,  the  shame, 
that  so  often  attend  on  personal  quarrels,  pursued  to 
the  bitter  end  with  all  the  spiteful  animosity  arising 


62  PRINCIPLES  AND    PRACTICE    OF 

from  real  or  fancied  injury.  In  the  first  place,  then, 
it  may  be  said  that  none  but  discreet  brethren  should 
assume  to  use  this  potent  agent  for  good  or  evil,  as 
the  case  may  be :  or  perhaps  it  were  better  to  say, 
that  none  should  use  it,  but  with  the  utmost  discre- 
tion, as  an  act  of  conscience,  in  the  execution  of 
which,  not  even  the  dearest  friend — no  consideration 
of  personal  advantage — no  fear  of  injury  or  ill-will — 
should  for  a  moment  be  allowed  to  come ;  that,  above 
all,  it  should  not  be  used  in  a  spirit  of  levity,  nor 
from  the  desire  to  gratify  a  personal  pique  either 
against  the  petitioner  or  his  friends ;  for  in  most  cases 
where  passion  is  allowed  to  nile,  the  smirk  of  satis- 
fied malevolence  betrays  the  secret.  The  adverse 
party,  in  the  heat  of  disappointment,  will  seek  a 
counter-revenge,  and  thus  the  fire  being  lighted,  it 
wiU — as  it  has  done — devastate  the  entire  lodge,  and 
scatter  its  membership,  never  again  to  be  reunited. 
But,  on  the  other  hand,  when  the  humblest  brother 
knows  that  an  applicant  is  unfit  to  be  invested  with 
the  high  prerogatives  of  the  Fraternity,  he  should 
veto  his  admission  without  fear  or  favor.  It  would 
seem,  however,  that  less  danger  is  to  be  apprehended 
from  the  improper  use  of  the  ballot,  than  from  the 
refusal  of  those  immediately  interested  in  the  result  to 
submit  quietly  to  the  action  of  the  Lodge  in  refusing 
to  admit  to  the  privileges  of  Masonry  one  who,  to 
them,  may  be  a  near  and  dear  friend,  but,  to  others. 


MASONIC   JURISPKUDENCE.  63 

a  manifestly  improper  person.  Consequently,  we 
may  with  propriety  assert,  that  the  duty  of  submission 
to  the  award  of  the  brethren  is  even  more  important 
than  the  correct  discharge  of  duty  at  the  ballot-box. 
No  man  has  a  right  to  admission  into  the  Craft,  and 
his  acceptance  is,  therefore,  a  favor  granted,  and  not 
a  right  conceded.  Why,  then,  should  we  feel  ag- 
grieved if,  for  good  reasons,  (for  we  are  bound  to 
believe  that  whoever  uses  the  negative  ballot  does  so 
with  a  firm  conviction  of  the  justice  of  his  act,)  the 
Lodge  choose  not  to  receive  our  friend  among  its 
members  ?  or  because  all  men  do  not  place  the  same 
estimate  upon  him  that  we  do?  Keflection  must 
convince  us  that  such  action  cannot  be  justified,  and 
that  it  is  better  to  submit  in  silence  to  what  we  be- 
lieve to  be  a  wrong,  in  the  hope  of  proving  in  the 
future  the  mistake  of  our  opponents,  rather  than  by 
giving  way  to  the  sudden  impulses  of  passion,  and 
thus,  by  impHcation,  proving  the  unfitness  of  our 
friend  by  the  very  standard  we  ourselves  set  up. 
Time,  that  cures  so  many  ills,  will  rarely  fail  to 
soothe  the  angry  feelings  and  mitigate  the  sense  of 
wrong,  and  still  more  rarely  will  it  fail  to  do  justice 
to  the  claim  of  any  good  man,  whose  pretensions  may 
have  been  overlooked  or  unjustly  treated.  To  it, 
when  our  friends  have  been  rejected,  we  may  safely 
trust,  with  the  certainty  that  the  delay  required  by 
our  laws  will  never  operate  to  the  prejudice  of  a 


64.  PRINCIPLES  AND    PRACTICE  OP 

worthy  candidate,  while  it  may  reveal  a  dark  spot  in 
the  character  of  one  we  have  deemed  above  reproach. 
Could  all  this  be  avoided,  however,  it  would  unques* 
tionably  be  better ;  to  which  end  we  submit  for  con- 
sideration the  method  adopted  by  one  of  the  French 
Lodges  in  the  city  of  New  York,  which  is  this : — ^At 
each  regular  meeting  of  the  Lodge,  the  Master  of 
Ceremonies,  by  direction  of  the  presiding  officer,  pre- 
sents to  each  member  a  suitable  receptacle,  into 
which  those  having  petitions  to  offer  place  them. 
These  are  handed  to  the  Master,  who  reads  them 
aloud,  without,  however,  mentioning  the  name  of  the 
brother  or  brethren  presenting  them.  The  petitions 
then  He  over  for  two  weeks,  during  which  time  every 
member  choosing  to  do  so  may  satisfy  himself  as 
to  the  character  and  standing  of  the  candidates, 
and,  if  desirable,  see  them  personally.  At  the  next 
meeting,  opportunity  is  afforded  io  present  objec- 
tions, if  there  be  any;  if  none  are  offered,  then 
the  petition  goes  to  the  committee,  whose  names 
are  known  only  to  the  Master  and  Secretary,  and 
takes  the  usual  course.  On  the  report  of  the  com- 
mittee, the  Lodge  proceeds  to  ballot,  uninfluenced 
by  any  consideratio^i  but  the  personal  character  and 
fitness  of  the  candidate.  It  is  respectfully  submit- 
ted that,  in  most,  if  not  all  cases,  this  plan  would 
tend  to  prevent  the  unpleasant  feelings  arising  from 
the  use  of  the  black-ball. 


or  THE 

ilYER8(TY 


CHAPTEK   III. 

Having  now  disposed  of  the  preliminary  steps  to 
the  making  of  a  Mason,  some  of  which,  in  order  not 
to  break  the  continuity  of  the  argument,  we  have  fol- 
lowed beyond  that  point,  we  now  invite  attention  to 
the  formation  of  a  Lodge,  and  the  various  consider- 
ations that  pertain  to  its  establishment. 

In  the  third  of  the  Ancient  Charges,  "  a  Lodge  "  is 
defined  to  be  "  a  place  where  Masons  assemble  and 
work ;  hence  that  assembly  or  duly-organized  society 
of  Masons  is  called  a  Lodge,  and  every  Brother  ought 
to  belong  to  one,  and  to  be  subject  to  its  by-laws  and 
the  General  Kegulations." 

Previous  to  the  revival  of  Masonry  in  1717,  a  Lodge 
was  simply  a  congregation  of  Masons  in  some  appro- 
priate or  convenient  place,  by  authority  of  the  sheriff 
or  civil  magistrate,  for  the  purpose  of  "making"  one 
or  more  profanes,  which  ceremony  being  accomplish- 
ed, the  assembly  dissolved  into  its  original  elements, 
to  meet  at  some  future  time,  under  like  circumstances 
and  for  a  similar  purpose.  Warrants  of  Constitution 
were  then  unknown,  and  the  four  old  lodges  that 


66  PRINCIPLES  AND  PKACTICE  OP 

united  in  the  formation  of  the  Grand  Lodge  of  Eng- 
land refused  to  be  placed  under  the  restrictions  of  a 
warrant — continuing  their  meetings  by  immemorial 
usage  and  the  rights  they  had  previously  acquired. 
Their  survivor  still  exists  in  London,  and  is  of  course 
on  the  registry  of  England,  but  has  no  number,  being 
known  as  the  Lodge  of  Antiquity.  After  the  forma- 
tion of  the  Grand  Lodge  of  England,  Warrants  of 
Constitution  were  granted  directly  by  the  Grand 
Master,  and  such  is  the  custom  in  that  jurisdiction 
to  this  day,  as,  indeed,  in  most,  if  not  all  others, 
outside  of  the  United  States  of  America.  Here  the 
more  prudent  rule  obtains,  of  requiring  new  lodges 
to  imdergo  a  probation,  of  greater  or  less  extent,  ac- 
cording to  the  local  regulations  of  the  several  Grand 
Lodges,  as  an  earnest  of  their  fitness  to  undertake 
the  labors  of  Masonry,  and  carry  them  forward  with 
profit  to  themselves  and  with  honor  to  the  Fraternity. 
Let  us,  therefore,  commence  mth 

SECTION  I. -LODGES  UNDER  DISPENSATION. 

A  Lodge  under  Dispensation  is  described  as  a  tem- 
porary and  inchoate  body,  not  entitled  to  representa- 
tion in  the  Grand  Lodge,  and  those  who  work  it  do 
not  thereby  forfeit  their  membership  in  any  other 
lodge,  unless  they  so  elect  at  the  time  when  the  War- 
rant of  Constitution  issues.     To  form  such  a  Lodge, 


MASONIC   JURISPRUDENCE.  67 

it  is  required  that  a  petition,*  signed  by  not  less  than 
seven  Master  Masons  in  good  and  regular  standing, 
and  recommended  by  the  nearest  lodge,t  be  forward- 
ed to  the  Grand  Master,  who  will,  if  he  deems  it  for 
the  general  interest,  issue  Letters  of  Dispensation, 
empowering  the  petitioners  to  meet  as  a  regular 
Lodge,  and  perform  such  acts  as  Lodges  under  Dis- 
pensation may  of  right  do,  or  as  may  be  allowed  by 
the  terms  of  the  Dispensation  and  the  regulations  of 
the  Grand  Lodge,  until  the  next  succeeding  commu- 
nication of  the  Grand  Lodge,  when  the  Dispensation 
ceases  by  its  own  limitation. 

The  powers  of  a  Lodge  under  Dispensation  have 
been  the  subject  of  much  argument,  and  the  decisions 
on  this  topic  are  extremely  varied  and  conflicting. 
The  following  summary  will,  we  think,  be  found  to 
embrace  the  most  generally  received  opinions : — 1.  A 
Lodge  U.  D.  is  but  a  committee — so  to  speak — of  the 
Grand  Master's  selection — a  temporary  body,  which 
by  his  prerogative  he  may  create  or  dissolve  at  his 
wiU.  2.  It  can  hold  no  regular  election,  nor  can  its 
officers  be  installed.     3.  It  cannot  be  represented  in 

*  See  Appendix. 

t  In  the  State  of  New  York,  no  Dispensation  to  form  a  new 
Lodge  can  be  issued  witliin  three  months  next  preceding  the 
Annual  Communication  of  the  Grand  Lodge,  nor  without  the 
recommendation  of  all  the  Lodges  whose  jurisdiction  shall  bo 
affected  by  such  Dispensation,  except  in  cities. 


68  PRINCIPLES  AND   PRACTICE  OF 

Grand  Lodge,  because  that  body  is  composed  of  the 
Masters  and  Wardens  of  Warranted  Lodges  only.  4. 
It  cannot  try  or  discipline  the  Masons  composing  it, 
that  being  the  prerogative  of  a  Warranted  Lodge. 
5.  It  cannot  form  a  code  of  By-laws.  6.  It  cannot 
affiliate  Masons.  7.  In  the  event  of  a  warrant  being 
refused,  the  property  and  funds  must  be  placed  in 
the  custody  of  the  Grand  Lodge. 

If  these  premises  are  correct,  then  Lodges  U.  D. 
are  but  legalized  conventions  for  the  purpose  of  con- 
ferring the  three  degrees  of  Masonry,  and  adding,  to 
the  extent  of  their  opportunity,  to  the  army  of  non- 
affiliated Masons.  From  the  fifth  and  sixth  proposi- 
tions above  stated,  we,  however,  emphatically  dissent. 
Lodges  we  have  seen  were  at  first  fully  warranted  by 
the  Grand  Master ;  and  it  may  safely  be  assumed, 
that  when  that  power  was  surrendered  to  the  Grand 
Lodge,  it  was  in  order  that  the  whole  Craft  might, 
through  their  immediate  representatives,  have  a  voice 
in  the  creation  of  new  Lodges ;  that  when  the  plan 
of  issuing  Letters  of  Dispensation  was  adopted,  it 
was  that,  by  the  acts  of  the  new  Lodge  during  their 
term  of  probation,  the  brethren  assembled  in  Grand 
Lodge  might  be  able  to  judge  of  their  fitness  to  hold 
a  full  warrant,  and  become  duly-constituted  Lodges ; 
that  when  the  Grand  Master  issues  his  Dispensation 
for  the  formation  of  a  Lodge,  it  is  after  careful  exam- 


MASONIC  JURISPRUDENCE.  69 

ination,  on  his  part,  of  all  the  surroundmg  circum- 
stances, and  with  the  direct  expectation  that,  unless 
through  some  unworthy  act  on  the  part  of  the  Lodge, 
a  full  warrant  will  be  granted  at  the  succeeding  com- 
munication of  the  Grand  Lodge.  They  are  properly 
termed  incJioate  lodges,  because  they  are  in  process 
of  forming,  or  preparing  for  a  permanent  existence, 
under  a  warrant,  and  they  are  therefore  just  as  com- 
petent to  decide  what  particular  regulations  they  will 
make  for  their  own  domestic  government,  as  they 
would  be  after  the  granting  of  the  warrant ;  indeed, 
it  would  seem  that  a  very  important  part  of  their 
preparation  would  be  the  formation  of  such  a  code, 
to  be  submitted,  with  the  petition  for  a  warrant,  as  a 
portion  of  the  evidence  of  their  capabiHty  in  'con- 
ducting the  affairs  of  a  lodge.  If  to  this  we  add  the 
well-known  rule,  that  even  a  warranted  lodge  must 
submit  its  By-laws  to  the  Grand  Lodge  for  approval, 
the  argument  in  favor  of  our  position  would  seem  to 
be  complete.  In  like  manner,  we  think  that,  if  a 
Lodge  U.  D.  may  initiate,  pass  and  raise  candidates, 
and  thus  increase  their  numbers,  they  may  with  equal 
propriety  be  intrusted  with  the  power  of  affiliating 
such  Masons  as  they  may  deem  worthy.  Such  is  the 
practice  in  the  State  of  New  York — these  powers 
being  specifically  conferred  in  the  Dispensation, 
which  is  granted  to  the  persons  named  therein,  and 


70  PRINCIPLES  AND  PRACTICE   OF 

not,  like  a  warrant,  to  the  first  three  officers.  No 
general  law  can,  however,  be  stated,  because  Lodges 
U.  D.,  being  a  modem  and  almost  exclusively  Ameri- 
can organization,  each  Grand  Lodge  makes  such 
regulations  in  regard  to  them  as  it  may  deem  best 
suited  to  the  circumstances  of  its  own  jurisdiction. 

SECTION  11. -WARRANTED  LODGES. 

When  the  time  fixed  in  the  Dispensation  has  ex- 
pired, the  work  of  the  Lodge  ceases,  and  the  next 
step  is  the  return  of  the  Letters  to  the  Grand  Secre- 
tary, accompanied  by  a  transcript  of  the  minutes,  a 
copy  of  the  By-laws,  (where  the  Grand  Lodge  per- 
mits Lodges  U.  D.  to  frame  a  code,)  the  proper  Grand 
Lodge  return  of  work  done,  the  constitutional  fee, 
and  a  petition  for  a  warrant.  These  documents  are 
laid  before  the  proper  committee  of  the  Grand  Lodge, 
and  on  their  report  the  warrant  issues. 

A  warrant  once  granted  to  a  Lodge  is  immutable 
so  long  as  the  Grand  Lodge,  of  which  it  forms  a  con- 
stituent part,  exists,  and  the  members  adhere  to  their 
allegiance,  and  pay  the  contributions  required  by  the 
Constitution  and  Regulations  of  the  Grand  Lodge. 
In  this  respect,  it  differs  materially  from  the  Dis- 
pensation ;  for  while  the  latter  is  an  emanation  from 
the  Grand  Master,  the  Warrant  has  the  direct  sanc- 
tion of  the  Grand  Lodge,  attested  by  its  seal  and 


MASONIC  JURISPRUDENCE.  71 

signatures — tliat  is,  those  of  the  Grand  Master,  his 
Deputy,  and  the  Grand  Wardens — and  can  only  be 
revoked  by  vote  of  the  Grand  Lodge,  after  due  trial 
and  unequivocal  proof.  The  acts  by  which  the  war- 
rant may  be  forfeited  are — Contumacy  to  the  author- 
ity of  the  Grand  Master  or  Grand  Lodge ;  Departure 
from  the  original  plan  of  Masonry  and  Ancient  Land- 
marks ;  Disobedience  to  the  Constitutions ;  and  Ceas- 
ing to  meet  for  one  year  or  more.  The  Warrant  of  a 
Lodge  may  be  surrendered  by  the  voluntary  act  of 
its  members,  after  due  summons,  and  when  the  mi- 
nority opposed  to  such  surrender  is  less  than  seven 
in  number.  It  is  proper  to  remark,  that  the  majority 
of  Masons  agree  with  us  in  this  opinion,  and  found 
it,  as  we  do,  upon  the  assumption,  that  as  seven  Mas- 
ter Masons  are  competent  to  form  a  Lodge,  therefore, 
so  long  as  that  number  remain  faithful,  and  desire  to 
retain  the  Warrant,  it  cannot  be  surrendered.*    A 

*  A  remarkable  confirmation  of  this  view  occarred  not  long 
since  in  New  Orleans,  where  a  majority  of  the  members  of  a  Lodge 
had  formed  themselves  into  an  association,  transferred  to  that 
association  the  property  and  funds,  (a  large  amount,)  and  then 
declared  the  Lodge  dissolved.  The  minority  protesting  against 
this  action,  a  suit  at  law  ensued;  and  it  was  finally  decided  by  the 
Court  of  last  resort,  that  the  minority  were  the  legal  custodians  of 
the  Lodge  and  its  properties,  and  that,  although  the  majority 
might  withdraw,  they  could  not  dissolve  the  Lodge,  so  long  as  a 
competent  number  of  members  were  desirous  of  continuing  its 
existence. 


72  PRINCIPLES  AND   PRACTICE   OF 

majority  of  the  Grand  Lodges  hold  to  this  view,  and 
in  England  they  require  the  minority  to  be  less  than 
three ;  but  others,  among  which  is  the  Grand  Lodge 
of  New  York,  allow  a  Warrant  to  be  surrendered  on 
the  vote  of  a  simple  majority.  As  the  Old  Regula- 
tions make  no  mention  of  this  occurrence  in  the  his- 
tory of  a  lodge,  for  the  evident  reason  that  previous 
to  1717  there  were  no  Warrants  to  surrender,  it  is 
now  conceded  to  be  a  subject  of  local  regulation, 
and  each  Grand  Lodge  makes  its  own  laws  for  its 
government 

The  Warrant  of  a  Lodge  may  be  temporarily  sus- 
pended, for  cause,  by  the  Grand  Master ;  but  such 
suspension  cannot  extend  beyond  the  next  ensuing 
Annual  Communication  of  the  Grand  Lodge.  In 
New  York,  this  suspension  cames  with  it  that  of  all 
the  members,  unless  they  be  specially  exempted  at 
the  time,  but  this  is  clearly  a  local  regulation, — the 
general  understanding  being  that  the  Grand  Master, 
by  his  edict,  arrests  the  work  of  the  Lodge,  and  pre- 
vents its  meetings,  but  that  the  Warrant  remaius  in 
force  imtil  lawfully  revoked  by  the  Grand  Lodge. 

But  to  return :  The  Warrant  haviug  been  granted, 
it  is  necessary  that  certain  ceremonies  should  be  per- 
formed before  the  Lodge  can  be  set  at  labor.  These 
are; — 

The  Consecration,  by  which  the  Brethren  com- 


MASONIC   JUEISPEUDENCE.  73 

posing  the  new  Lodge  are  set  apart  to  the  work  of 
ruling  and  governing  the  household  intrusted  to  their 
care,  for  the  "  greater  glory  of  God." 

The  Dedication,  by  which  they  are  reminded  of 
the  patrons  of  the  Craft,  and  incited  to  emulate  their 
virtues. 

The  Constitution,  by  which,  in  the  name  and  by 
authority  of  the  Grand  Lodge,  they  are  formed  into 
a  just  and  regular  assembly  of  Masons ;  and,  finally, 

The  Installation,  by  which  the  officers  are  induct- 
ed into  their  several  stations,  and  formally  invested 
with  the  powers  thereunto  belonging. 

The  order  of  these  ceremonies,  as  here  stated,  dif- 
fers somewhat  from  the  general  usage,  but  it  is  such 
as  we  have  always  practiced,  and  appears  to  be  in 
keeping  with  the  end  sought  to  be  obtained.  These 
services  should  be  performed  by  the  Grand  Master 
in  person,  or  by  his  immediate  delegate  or  proxy. 
It  is  admitted  that  no  one  but  the  Grand  Master  or 
his  representative  can  Constitute  a  Lodge ;  and  al- 
though the  consecration  and  dedication  are  based 
upon  the  religious  observances  of  antiquity,  and  are 
therefore  religious  in  their  nature,  stiU  they  are  essen- 
tial to  the  legality  of  the  whole  ceremony ;  and  while 
the  Consecration  Prayer  ought  to  be  rehearsed  by 
the  Chaplain,  the  formal  declarations  should  all  be 
made  by  the  Grand  Master. 
4 


74  PRINCIPLES  AND  PRACTICE   OP 

When  the  ceremony  is  completed,  the  Lodge  takes 
its  place  in  the  great  Masonic  family,  as  the  peer  of 
all  other  Lodges,  as  a  constituent  member  of  the 
Grand  Lodge,  by  authority  of  which  it  has  been 
ushered  into  existence,  and  at  once  enters  into  the 
enjoyment  of  all  the  rights,  powers  and  privileges  of 
a  just  and  duly-constituted  Lodge. 

SECTION  m. -POWERS  OF  WARRANTED  LODGES. 

The  powers  and  privileges  of  a  Subordinate  or 
Particular  Lodge  are  such  as  are  defined  in  its  war- 
rant, by  the  Constitutions  of  the  Grand  Lodge  grant- 
ing the  same,  and  the  Ancient  Landmarks  and  Gen- 
eral Regulations.     They  are  divided  into — 

1.  Executive  :  in  the  direction  and  performance  of 
its  work,  under  the  control  of  its  Master,  and  in  all 
other  matters  in  aid  of  the  Master,  who  has  the  pri- 
mary executive  power  of  a  Lodge. 

2.  Legislative  :  embracing  all  matters  relating  to 
its  internal  concerns,  not  in  deiogation  of  the  Ancient 
Landmarks,  the  Constitutions  and  General  Begula- 
tions  of  the  Grand  Lodge,  and  its  own  particular 
By-laws;  and, 

3.  Judicial  :  embracing  the  exercise  of  discipline, 
and  settlement  of  controversies  between  and  over  all 
its  members  (except  the  Master),  and  over  all  Masons 


MASONIC   JURISPRUDENCE.  75 

and  non-affiliated  brethren  within  its  jurisdiction, 
subject  to  an  appeal  to  the  Grand  Lodge.* 

From  what  has  already  been  said,  it  will  be  seen 
that,  while  in  the  beginning,  Lodges  were  unrestricted 
by  any  superior  authority,  and  were  therefore  supreme 
in  themselves ;  yet,  at  the  formation  of  Grand  Lodges, 
certain  of  their  powers  were  necessarily  surrendered 
for  the  general  good,  just  as  indiyiduals  and  commu- 
nities divest  themselves  of  a  portion  of  their  political 
rights,  that  all  may  enjoy  a  uniform  protection  at  the 
hands  of  a  supreme  government.  The  idea  of  the 
surrender  of  a  portion  of  their  rights  by  the  Lodges, 
carries  with  it  the  reservation  of  certain  others,  inhe- 
rent in  the  Lodge,  and  not  subject  to  dispensation 
or  other  act  of  the  Grand  Master  or  Grand  Lodge. 
This  is  a  most  important  distinction,  and  one  that  it 
is  necessary  to  keep  in  remembrance  in  the  decision 
of  many  of  the  questions  that  may  be  presented. 
The  general  tendency  of  all  governments  and  legis- 
lative bodies  is  to  cumulate  power — to  exercise  not 
only  the  authority  delegated  to  them  by  the  people, 
but  gradually  to  increase  that  authority  by  encroach- 
ments upon  the  original  sovereignty.  We  beHeve  in 
the  simple  doctrine  that  subordinate  lodges  are,  as 
to  many  matters  which  have  received  the  legislative 

*  Constitution,  Grand  Lodge  of  New  York.  • 


76  PRINCIPLES  AND   PRACTICE  OF 

action  of  Grand  Lodges,  sovereign  bodies,  and  that 
any  action  which  interferes  with  that  sovereignty  is 
of  necessity  illegal  and  void;  and  that,  unless  the 
reserved  and  inherent  rights  of  Lodges  are  well  de- 
fined and  understood,  the  time  will  come  when  those 
rights  will  be  extinguished,  partly  through  direct 
legislation,  and  pai-tly  fi'om  the  neglect,  on  the  part 
of  the  subordinates,  to  assert  and  maintain  them. 
The  Lodge  organization  is  the  normal  condition  of 
the  Fraternity ;  Grand  Lodges,  the  result  of  necessi- 
ty, growing  out  of  the  wide-spread  popularity  and 
extension  of  the  institution,  and  intended  to  preserve 
uniformity  of  doctrine  and  practice  by  mutual  con- 
sultation on  the  part  of  the  representatives  of  the 
subordinate  lodges.  While  each  remains  in  its  own 
sphere  of  action,  the  result  must  continue  to  be  in 
the  future,  as  it  has  been  in  the  past,  for  the  greatest 
good  of  the  Craft.  Let  it,  however,  be  remembered 
that  the  Grand  Lodge  acts  by  delegated  powers,  and 
that,  so  far  as  those  powers  are  concerned,  it  must 
be  supreme,  but  that  the  reserved  powers  of  the 
Lodge  are  inherent,  and  cannot  be  interfered  with  by 
any  act  of  the  Grand  Lodge ;  nay,  more :  we  insist 
that  these  powers  cannot  be  delegated,  if  the  Lodge 
were  so  minded ;  for  their  possession  by  the  subordi- 
nate body  is  a  Landmark — a  fundamental  principle 
— ^that  no  man  or  body  of  men  can  remove. 


MASONIC   JUKISPBUDENCE.  77 

The  powers  of  a  Warranted  Lodge  may,  therefore, 
be  divided  into  two  classes.  Inherent  and  Constitu- 

TIGNAL. 

The  inherent  powers  of  a  Lodge,  controlled  only 
by  the  Ancient  Landmarks,  are  : — 

1.  To  decide  who  shall  be  admitted  members  of  or 
initiated  therein ;  that  is,  of  persons  properly  qualified. 

2.  To  make  Masons  (not  more  than  five  at  one 
meeting)  of  those  it  has  decided  to  admit. 

3.  To  place  on  trial  a  member  against  whom 
charges  may  have  been  preferred,  to  pronounce  sen- 
tence, and  enforce  discipline. 

4.  To  elect  and  install  its  officers. 

5.  To  fix  its  time  of  meeting. 

6.  To  require  its  members  to  contribute  to  its  funds. 

7.  To  be  represented  at  all  communications  of  the 
Grand  Lodge. 

8.  To  instruct  its  representatives,  for  their  govern- 
ment, at  all  such  communications  of  the  Grand 
Lodge. 

To  our  comprehension,  these  propositions  are  seK- 
evident,  and  no  lengthened  commentary  appears  to 
be  necessary.  We  direct  attention  to  them,  that  it 
may  be  understood  that  no  Grand  Lodge  legislation 
can  alter  their  essential  features.  For  example :  it 
is  usual  and  proper  for  Grand  Lodges  to  fix,  by  con- 
stitutional provision,  the  time  and  manner  of  electing 


78  PRINCIPLES  AND    PRACTICE    OF 

officers ;  but,  in  the  election,  the  Lodge  is  entirely 
uncontrolled,  save  by  its  own  By-laws  and  the  usages 
of  Masonry.  The  Grand  Lodge  may  say,  that  at  a 
given  time  a  Lodge  must  elect  a  Master,  two  Ward- 
ens, a  Treasurer,  and  a  Secretary,  but  it  cannot  inter- 
fere with  the  choice  by  the  brethren  of  persons  to  fill 
those  offices.  So,  the  Grand  Lodge  may  enact  regu- 
lations for  the  government  of  Lodges  in  the  trial  of 
members,  but  it  cannot  deprive  the  Lodge  of  its  right 
of  original  jurisdiction ;  it  may,  on  appeal,  reverse  a 
finding,  and  send  the  case  back  for  a  new  trial,  but 
it  cannot,  in  legal  phraseolog}^  change  the  venue,  or 
order  the  case  to  be  tried  elsewhere,  without  the  con- 
sent of  the  Lodge.  It  cannot,  by  legislation,  divest 
the  Masters  and  Wardens  of  the  Warranted  Lodges 
in  its  jurisdiction  of  their  right  to  represent  their 
Lodges,  or  of  the  Lodges  to  be  represented  by  their 
Masters  and  Wardens,  in  its  annual  or  other  commu- 
nications, because  to  do  so  would  be,  in  effect,  to 
destroy  itself  by  destroying  its  members.  Lideed, 
the  existence  of  this  right  is  the  very  essence  of 
Grand  Lodge  organization,  and  carries  with  it  the 
right  of  instruction,  to  be  exercised  by  the  Lodges, 
in  their  discretion. 

The  constitutional  powers  of  a  Lodge,  subject  to 
control  by  the  Grand  Lodge,  are  : — 

1.  To  make  a  code  of  By-laws  for  its  internal  gov- 


MASONIC  JURISPRUDENCE.  79 

emment,  not  in  derogation  of  its  inalienabie  rights, 
or  of  those  of  its  members. 

2.  To  perform  all  the  work  pertaining  to  the  three 
degrees  of  Ancient  Craft  Masonry. 

3.  To  transact  all  business  that  can  be  legally 
transacted  by  a  duly-constituted  Lodge  of  Free- 
masons. 

4.  To  appeal  to  the  Grand  Master  or  Grand  Lodge 
from  the  decision  of  the  presiding  officer. 

5.  To  change  its  place  of  meeting. 

6.  To  control  its  funds. 

It  would  seem  as  though  the  right  to  form  and 
adopt  a  code  of  By-laws  should  be  an  exercise  of 
original  sovereignty,  but  when  we  reflect  that  these 
By-laws  must  be  made  to  conform  to  the  regulations 
of  the  Grand  Lodge  under  the  jurisdiction  of  which 
the  Lodge  works,  we  discover  at  once  that  this  is  a 
right  given  up  for  the  general  benefit  to  the  control 
of  the  Grand  Lodge,  which  right  is,  however,  rarely 
or  never  exercised  by  the  grand  body  beyond  the 
supervision  necessary  to  ascertain  that  the  Lodge  is 
neither  depriving  itself  of  its  just  rights,  nor  assuming 
powers  and  prerogatives  that  do  not  belong  to  it.  A 
lodge  may,  therefore,  enact  a  code  of  By-laws,  change, 
amend,  or  repeal  the  same,  in  accordance  with  the 
provisions  therein  contained,  and  subject  to  the  ap- 
proval of  the  Grand  Lodge,  but  for  this  reason  it 


80  PRINCIPLES  AND   PRACTICE   OP 

cannot  suspend  them,  because  a  suspension  is  in 
reality  an  alteration  or  amendment,  which  is  not  valid 
without  the  approval  of  the  Grand  Lodge  :  hence,  a 
motion  to  suspend  a  by-law  is  not  in  order.  And, 
again,  it  might  be  asked,  that  if  the  Lodge  has  an 
inahenable  right  to  make  Masons,  why  it  has  not 
unlimited  control  over  the  work?  The  reason  is, 
that  the  Grand  Lodge,  by  the  very  nature  of  the  case, 
must  have  superintendence  of  the  work  and  lectures, 
in  order  to  guard  against  the  introduction  of  matters 
foreign  to  the  original  idea  of  Masonry,  to  prevent 
the  inexperienced  and  the  over-zealous  from  emhel- 
lisJiing  the  ritual,  which,  if  allowed  to  have  their  own 
way,  they  would  do,  and  that  to  such  an  extent,  that 
the  original  form  would  disappear.  It  is  evident  that 
the  Grand  Lodge,  composed  as  it  is  of  all  the  Masters 
and  "Wardens  in  its  jurisdiction,  can  better  maintain 
and  preserve  the  ritual  from  innovation,  than  any 
single  lodge  could  do,  however  well  the  lodge  might 
be  disposed.  Moreover,  lodges  in  the  beginning  only 
conferred  the  first,  or  Entered  Apprentice  degree; 
the  control  of  the  ritual  has,  therefore,  never  been 
left  entirely  to  their  discretion. 

For  similar  reasons  the  business  of  the  Lodge,  as 
contra-distinguished  from  the  ritualistic  ceremonies, 
is  necessarily  subject  to  the  supervision  and  control 
of  the  Grand  Lodge.     The  retention  of  this  rigl^t  by 


MASONIC  JURISPRUDENCE.  81 

the  Grand  Lodge  is,  if  we  may  so  term  it,  a  portion 
of  the  contract,  by  which  that  body  ceded  to  the  sub- 
ordinates the  right  to  confer  the  second  and  third 
degrees ;  and  this  is  why  it  is  now  held  that  Master 
Masons  only  can  be  members  of  a  lodge,  and  that 
hence  all  the  business  of  a  lodge  must  be  transacted 
in  the  third  degree.  The  examination  of  candidates 
for  advancement,  and  the  trial  of  Entered  Appren- 
tices and  Fellow  Crafts  (see  Trials)  will  necessarily 
form  exceptions. 

The  appeal  to  the  Grand  Lodge  from  the  decision 
of  the  Master,  or  of  the  Warden  presiding  in  his  ab- 
sence, is  evidently  of  no  older  date  than  the  creation 
of  the  appellate  body,  and  must,  therefore,  be  gov- 
erned by  the  General  Regulations.  Fortunately,  for 
the  weU-being  and  good  discipline  of  the  Fraternity, 
it  is  a  right  that  is  so  seldom  exercised,  that  it  is  only 
necessary  to  name  its  existence  to  have  said  all  that 
is  required  on  the  subject. 

When  Lodges  met  by  authority  of  the  civil  magis- 
trates, they  of  course  fixed  their  own  time  and  place 
of  meeting ;  and  as  one  meeting  had  no  positive  rela- 
tion to  those  preceding  or  succeeding  it,  the  conve- 
nience of  the  brethren  was  the  only  governing  rule ; 
but  when  Lodges  came  to  meet  under  sanction  of  a 
Warrant,  and  thus  entered  upon  a  continued  exist- 
ence, it  became  necessary  that  they  should  have  a 


82  PRINCIPLES  AND    PRACTICE   OF 

fixed  locality,  to  prevent  confusion  among  the  lodges 
themselves,  and  to  enable  the  Grand  Lodge  to  know 
where  to  find  its  constituents ;  hence  the  rule,  that 
while  a  lodge,  after  due  summons  and  vote  of  its 
members,  may  change  its  place  of  meeting  from  one 
locality  to  another,  in  the  same  city,  town  or  village, 
it  cannot  remove  from^tKne  city,  town  or  village  to 
another,  without  the  sanction  of  the  Grand  Lodge. 

The  lodge  treasury,  like  the  individual  pocket,  is 
extremely  sensitive  to  interference,  and  Grand  Lodges 
have  wisely  abstained  from  any  attempt  to  exercise 
control  over  the  funds  of  their  subordinates,  beyond 
requiring  that  they  shall  not  be  recklessly  squander- 
ed, or  divided  among  the  members,  while  the  just 
debts  of  the  lodge  remain  impaid,  or  while  the  Grand 
Lodge  dues  are  unprovided  for;  but,  these  things 
taken  care  of,  it  has  been  decided  that  a  lodge  may 
appropriate  its  funds  to  a  worthy  object,  even  though 
it  be  not  a  strictly  Masonic  one. 

SECTION  IV. -PRECEDENCY  AND  JURISDICTION  OF  LODGES. 

Lodges  take  precedence  according  to  the  seniority 
of  their  respective  warrants — that  is,  Lodge  No.  1  is 
necessarily  of  older  date  than  Lodge  No.  300,  and,  so 
far  as  the  respect  due  to  age  and  services  goes,  is 
entitled  to  aU  the  consideration  that  may  justly  be 
accorded  to  age  and  long  service.    The  senior  lodges 


MASONIC   JUIIISPKUDENCE.  83 

are  also  entitled,  by  their  representatives,  to  fill  tem- 
porarily any  vacancies  in  the  stations  that  may  occur 
at  a  meeting  of  the  Grand  Lodge,  and  to  take,  accord- 
ing to  number,  the  right  of  Masonic  processions ;  but 
beyond  these  comparatively  unimportant  privileges, 
there  is  no  difference  between  the  status  of  the  oldest 
or  youngest  Lodge,  except  what  each  one  may  create 
for  itself  by  attention  to  the  Constitution  and  Regu- 
lations, the  general  usages  of  Masonry,  and  a  proper 
attention  to  the  selection  of  materiel  and  the  rights 
of  its  peers. 

The  jurisdiction  of  Lodges  is  of  two  kinds — tee- 
KITOEIAL  and  PENAL  : 

The  territorial  jurisdiction  of  a  Lodge  depends 
entirely  upon  the  regulations  enacted  by  the  Grand 
Lodge  to  which  it  owes  allegiance,  and  may  be  stated, 
in  general  terms,  to  extend  half-way  in  every  direc- 
tion to  the  nearest  Lodge  within  the  territorial  juris- 
diction of  the  Grand  Lodge.  Li  cities  and  towns 
where  there  are  two  or  more  lodges,  their  jurisdiction 
is  held  to  bet  in  all  respects  concurrent.  Jurisdiction, 
as  here  defined,  relates  entirely  to  the  reception  of 
profanes;  for  a  Lodge  retains  jurisdiction  over  its 
members,  without  regard  to  their  place  of  residence. 
This  is  another  law  growing  out  of  the  increase  of 
Lodges,  and  is  intended,  by  securing  to  each  one  a 
well-defined  limit  in  which  to  seek  for  material,  to 


84  PRINCIPLES  AND   PRACTICE   OF 

enable  it  to  make  a  more  thorough  investigation  into 
the  character  and  standing  of  candidates,  than  it 
could  otherwise*  do,  and,  by  preventing  trespass  on 
the  territory  of  its  neighbors,  to  insure  a  greater 
degree  of  harmony.  This  rule  may,  at  first  sight, 
appear  to  interfere  with  the  right  of  Lodges  to  decide 
who  shall  be  initiated  therein,  and  to  make  Masons 
of  those  they  have  thus  decided  to  admit;  but  a 
lodge  can  only  entertain  the  petition  of,  or  confer 
degrees  on,  a  properly-qualified  candidate ;  and  it  is 
now  held  (except  by  the  Grand  Lodges  of  England 
and  Hamburg)  that  a  candidate  is  not  properly  qual- 
ified unless  he  has  a  fixed  residence  within  the  terri- 
torial jurisdiction  of  the  Lodge  to  which  he  applies. 
Seafaring  men,  and  mihtary  and  naval  officers,  are 
excepted  from  this  rule,  because  they  are  supposed, 
from  the  nature  of  their  professions,  not  to  be  able 
to  control  their  private  actions  so  far  as  to  be  in  any 
place  long  enough,  at  one  time,  to  establish  a  resi- 
dence, in  the  legal  acceptation  of  the  term.  Master 
Masons  are  excepted  from  this  rule,  because  they 
have  acquired  aU  the  rights  and  privileges  of  the 
Craft — one  of  which  is,  that  every  Mason  may  choose 
for  himself  the  Lodge  in  which  he  can  best  work,  and 
with  the  members  of  which  he  can  best  agree. 

The  penal  jurisdiction  of  a  Lodge,  by  which  is  un- 
derstood the  right  of  trial  and  the  enforcement  of 


MASONIC  JURISPRUDENCE.  85 

discipline,  other  than  that  exercised  oyer,  its  own 
members,  (to  which  we  shall  give  a  separate  consid- 
eration,) extends  to  all  non-affiliated  Masons  in  its 
jurisdiction,  and  to  Masons  belonging  to  lodges 
located  in  other  jurisdictions,  but  who  are  personally 
within  the  jurisdiction  of  the  disciplining  lodge. 
This  is  a  law  of  common  justice,  as  well  as  one  of 
ancient  usage,  but  not  of  universal  acceptance, — 
many  authorities  claiming  that  if  a  member  of  a 
lodge  in  Minnesota  commit  a  Masonic  offence  in 
Vermont,  he  can  only  be  tried  .by  his  mother-lodge  ; 
but  it  is  evident  that  the  offender  in  Vermont  might 
go  on  to  any  excess,  and  by  his  conduct  bring  unut- 
terable shame  on  the  lodge  and  brethren  for  any 
length  of  time,  before  the  lodge  in  Minnesota  could 
be  informed  of  it,  or,  if  informed,  could  obtain  the 
evidence  necessary  to  a  conviction;  while,  on  the 
other  hand,  the  lodge  in  Vermont,  in  whose  very 
presence  the  offence  might  be  said  to  be  committed, 
would  certainly  be  best  prepared  to  administer  cor- 
rection with  a  knowledge  of  the  facts.  Every  Lodge 
and  every  Mason  is  bound  to  maintain  to  the  utmost 
the  good  name  and  reputation  of  the  Fraternity,  and 
to  this  end  all  regular  lodges  are  justified  in  sum- 
moning before  them,  for  trial,  those  non-affiliated 
Masons  and  members  of  distant  lodges  who,  forgetful 
of  the  solemn  sanctions  under  which  they  entered 


86  PRINCIPLES  AND  PKACTICE  OP 

the  Craft,  violate  its  wholesome  regulations,  and  thus 
bring  disgrace  upon  it.  The  principle  upon  which 
this  law  is  founded  is  coeval  with  the  organization 
of  Masonry  as  we  have  it.  It  is  not  only  a  Land- 
mark in  itseK,  but  a  necessary  sequence  of  other 
principles  about  which  there  is  no  difference  of  opin- 
ion; thus,  a  Mason  is  required  to  be  a  peaceable 
citizen,  wherever  he  resides  or  works,  by  which  is 
imderstood  that  he  is  to  conform  to  the  law,  respect 
the  magistrates,  and  act  as  a  good  citizen  should  do, 
that  the  honor  of  the  Fraternity  may  be  thereby 
promoted,  and  the  caddis  of  its  adversaries  answered. 
Now,  if  a  Mason  is  thus  required  to  demean  himself 
in  regard  to  the  civil  law,  how  can  he  be  exempted 
from  Kke  provisions  in  the  code  of  Masonry?  Lodges 
are  but  the  subdivisions  of  a  universal  family,  for  the 
convenience  of  the  brethren ;  the  general  reputation 
and  prosperity  of  the  whole  is,  therefore,  of  greater 
importance  than  the  mere  local  interests  or  pride  of  a 
small  part,  and  every  Lodge  is  consequently  a  guard- 
ian— so  to  speak — of  the  general  good  name,  wdth 
undoubted  right,  in  the  execution  of  its  trust,  to 
summon  before  it  delinquent  sojourners  and  non- 
affiliated Masons,  to  place  them  on  trial,  and  after 
lawful-conviction  to  administer  discipline ;  subject,  it 
need  hardly  be  said,  to  an  appeal  to  the  Grand  Lodge 
to  which  the  disciplining  lodge  owes  obedience. 


or  THE 


CHAPTEE   IV. 

SECTION  I. -THEIR  POWERS  AND  DUTIES. 

Haying  thus  far  treated  of  the  general  powers  of 
a  Lodge,  it  is  necessary  to  our  plan  that  we  should 
now  introduce  the  officers,  as  a  knowledge  of  their 
powers  and  duties  is  essential  to  a  proper  under- 
standing of  various  matters  that  will  appear  as  we 
proceed. 

The  discipline  of  a  Masonic  Lodge,  the  order  ob- 
served at  its  meetings,  the  obedience  there  exacted, 
and  cheerfully  rendered  on  the  part  of  the  brethren, 
makes  its  government  as  nearly  perfect  as  it  is  pos- 
sible for  any  merely  human  institution  to  be.  It 
should,  therefore,  be — as  in  truth  it  generally  is — a 
matter  of  study  and  just  pride,  on  the  part  of  the 
office-bearers,  to  be  well  acquainted  with  the  general 
laws  and  usages  of  the  society,  as  well  as  with  their 
own  powers,  prerogatives  and  duties,  that  not  only 
may  they  be  enabled  to  keep  the  members  in  the 
straight  path  of  duty,  but  that,  by  their  own  example, 
they  may  make  that  path  more  easily  discernible, 
and  less  apt  to  be  departed  from.     Intelligent  and 


88  PRINCIPLES  AND    PRACTICE  OP 

capable  officers  make  good  Lodges,  and  govern  with 
less  difficulty  tlian  ignorant  and  incompetent  ones, 
because  they  do  not  overstep  the  bounds  of  proprie- 
ty, nor  heedlessly  invade  the  rights  of  the  brethren ; 
and  because  all  men — certainly  all  men  fit  to  be 
Masons — appreciate  the  labors  of  such  officers,  and 
intuitively  seek  to  assist  them  by  prompt  deference 
to  their  commands,  and  the  influence  which  such 
conduct  exercises  over  those — if  any  there  be — less 
loyally  incHned. 

The  duties  and  prerogatives  of  the  officers  are 
always  well  defined,  but  it  is  none  the  less  a  fact 
that,  in  scarcely  any  two  rites,  are  the  officers  and 
their  functions  precisely  the  same,  and,  indeed,  our 
own  coTmtry  is  not  entirely  unifonn,  although  aU 
Lodges  in  the  United  States  work  imder  the  supervi- 
sion of  Grand  Lodges  of  what  is  termed  the  Ancient 
York  Bite,^     Li  some  jurisdictions,  they  have  an 

*  We  may  be  deemed  heretical,  but  we  cannot  avoid  sajing, 
that,  in  our  judgment,  the  name  of  York  Bite,  as  applied  to  our 
system  of  degrees,  is  an  absolute  misnomer.  Every  ritualist  who 
has  investigated  the  subject  knows,  that  the  simplicity  of  the  An- 
cient System  has  been  buried,  as  it  were,  under  the  innovations 
of  Webb  and  his  successors  in  the  business  of  ritual-making;  that 
we  have,  in  fact,  a  system  peculiar  to  ourselves,  which  we  ought 
to  call,  what  it  really  is,  "  The  American  Bite."  The  reader  will, 
of  course,  make  the  distinction  between  those  who  seek  to  creat<» 
new  rituals,  and  those  who  faithfully  and  earnestly  teach  what 
they  have  previously  learned. 


MASONIC  JURISPRUDENCE.  89 

officer  called  the  Inner  Guard ;  in  others,  such  an 
officer  is  unknown :  some  have  Masters  of  Ceremonies  ; 
others,  not.  In  the  beginning,  the  indispensable 
officers  were  the  Master^  Wardens  and  Tiler.  The 
creation  of  new  rites  and  other  causes  have,  however, 
gradually  led  to  the  introduction  of  other  officials, 
and  a  Lodge  may  now  be  said  to  be  fully  officered 
when  it  has — 

A  Master,  (whose  style  is  Worsliipful^ 

A  Senior  Warden, 

A  Junior  "Warden, 

A  Treasurer, 

A  Secretary, 

A  Senior  Deacon, 

A  Junior  Deacon, 

Two  Stewards,  or 

Two  Masters  of  Ceremonies, 

A  Tiler. 
In  addition  to  these,  many  Lodges  have  a  Chap- 
lain, some  a  Physician,  others  a  Marshal,  and  most, 
if  not  all,  a  Board  or  Trustees. 

THE   niSTER. 

"It  was  the  obseryation  of  a  wisdom  greater  than  man 
can  boast,  that  a  house  or  kingdom  divided  against  itself, 
cannot  stand;  and  experience  proves  the  soundness  of  the 
axiom.     This  proverb  may  be  applied  with  great  propriety 


90  PRINCIPLES  AND  PRACTICE  OF 

to  an  institution  whose  members  are  segregated  from  the  rest 
of  the  world  by  obligations,  customs,  and  laws  of  a  peculiar 
nature,  yet  retain  their  independence  of  character  by  a  per- 
fect freedom  of  thought  and  action.  In  such  a  society,  a 
judicious  ruler  is  absolutely  essential,  not  merely  to  its  pros- 
perity, but  to  its  very  existence.  If  the  shepherd  be  careless 
or  inefficient,  the  flock  will  be  scattered  abroad. 

"Unity  is  the  mainspring  of  Freemasonry.  Destroy  that, 
and  the  machinery  will  fall  in  pieces;  and  it  will  be  a  difficult 
matter  to  preserve  the  links  in  the  chain  of  unity  unbroken, 
unless  the  Master  pursue  an  accommodating  policy,  which 
may  cause  the  brethren  to  be  mutually  pleased  with  each 
other's  society,  accompanied  by  an  inflexible  regard  to  disci- 
pline, which,  while  it  allows  freedom  of  action,  will  preserve 
inviolable  the  respectful  submission  that  is  due  the  Chair,  as 
its  undoubted  and  inalienable  prerogative."* 

**To  become  Master  of  his  Lodge,  is  the  legitimate  object 
of  every  young  brother  who  takes  any  interest  in  our  society. 
The  very  questionable  policy  of  our  present  regulations  seems 
to  be,  to  open  to  each,  in  succession,  the  way  to  the  Master- 
ship— almost,  if  not  altogether,  as  a  matter  of  course.  Now, 
my  younger  brethren  may  rest  assured,  that  although,  in 
deference  to  a  usage  which  it  is  perhaps  too  late  to  abolish, 
we  may  place  a  careless  or  ignorant  Mason  in  the  Chair, 
invest  him  with  the  badge  of  authority,  and  address  him 
with  the  external  forms  of  respect,  we  cannot  command  for 
him  the  deference  and  consideration  which  will  be  sure  to 
follow  the  enlightened  and  expert.     He  will  be  like  the  figure* 

*  *'Bevelations  of  a  Square."— Oliveb. 


MASONIC   JURISPRUDENCE.  91 

head  of  a  ship — placed  foremost,  and  gaudily  decorated;  but, 
after  all,  it  is  a  mere  effigj^  not  contributing  in  the  least  to 
the  management  of  the  vessel.  In  small,  as  in  great  things, 
knowledge  is  power — intellectual  sujperiority  is  real  pre-emi- 
nence." 

"  Some  inexperienced  brethren  may  think  that  no  difficulty 
can  ever  arise  in  the  decision  of  Masonic  questions,  because 
they  have  never  seen  any  such  difficulty  in  our  society.  It 
is  true,  that  mutual  forbearance  is  so  much  inculcated,  and 
good  feeling  so  widely  prevails  among  us,  that,  in  the  hands 
of  a  judicious  ruler,  all  goes  on  with  easy  and  undeviating 
regularity.  But  I  can  assure  them  that,  in  a  well-regulated 
Lodge,  there  is  a  very  ample  scope  for  the  exercise  of  intel- 
lect; and  that  the  Master  will  soon  find  that  he  requires 
even  more  than  a  knowledge  of  Masonic  law  and  usages,  to 
acquit  himself  creditably  of  his  responsibility.  He  should 
know  his  own  limits,  so  as  not  to  encroach  upon  the  rights 
of  the  brethren,  of  which,  I  candidly  warn  every  young  Mas- 
ter, he  will  find  us  not  a  little  jealous.  If  he  falls  short  of 
his  own  bounds,  or  oversteps  them,  he  will  find  clear  heads 
and  keen  tongues  to  remind  him — respectfully,  but  unmis- 
takably— of  the  fact.  The  Lodge  will  soon  feel  what  sort 
of  hand  holds  the  helm ;  and  as  they  are  bound  to  acquiesce 
in  his  opinion,  as  their  Master,  he  must  show  equal  deference 
to  theirs."* 

**In  the  whole  series  of  offices  recognized  by  the  Masonic 
institution,  there  is  not  one  more  important  than  that  of  the 

*  "The  Duty  of  the  Master,"  a  Lecture,  by  J.  Fitz-Henhy 
TowNSEND. — American  Quarterly  Review  of  Freemasonry,  vol.  i. 


92  PRINCIPLES   AND   PRACTICE  OF 

Master  of  a  Lodge.  Upon  the  skill,  integrity  and  prudence 
of  the  presiding  officer,  depend  the  usefuhiess  and  welfare  of 
the  Lodge,  and  as  lodges  are  the  primary  assemblages  of  the 
Craft,  and  by  representation  constitute  the  supreme  tribunal 
or  Grand  Lodge,  it  is  evident  that  the  errors  of  government 
in  the  primary  bodies  must,  if  not  duly  corrected,  be  pro- 
ductive of  evil  to  the  whole  fraternity.  Hence,  in  the  cere- 
mony of  Installation,  it  was  required,  as  a  necessary  qualifi- 
cation of  him  who  was  proposed  to  the  Grand  Master  as  the 
presiding  officer  of  a  Lodge,  that  he  should  be  of  good 
morals,  of  great  skill,  true  and  trusty,  and  a  lover  of  the 
whole  fraternity,  wheresoever  dispersed  over  the  face  of  the 
earth.  And  it  was  on  such  a  recommendation,  that  it  was 
to  be  presumed  that  he  would  discharge  the  duties  of  the 
office  with  fidelity."* 

To  the  foregoing  qualifications  of  the  Master,  which 
are  general  in  their  nature,  there  is  to  be  added  the 
legal  one,  that  he  shall  have  previously  been  installed 
and  served  as  "Warden — not  necessarily  in  the  Lodge 
which  proposes  to  elect  him,  but,  at  aU  events,  in 
some  regular  Lodge.  As  considerable  difference  of 
opinion  exists  in  regard  to  this  question,  we  propose 
to  give  it  a  brief  examination.  The  original  law  upon 
the  subject  is  found  in  the  fourth  of  the  Ancient 
Charges.  In  this  Charge  it  is  stated,  "  That  all  pre- 
ferment among  Masons  is  grounded  upon  real  t\  orth 

"Text-book  of  Masonic  Jurisprudence." — Macket. 


MASONIC  JURISPRUDENCE.  93 

and  personal  merit  only;"  that  "none  but  a  perfect 
youth  should  be  made  an  Apprentice,  that  in  due  time 
he  may  become  a  Fellow  Craft,  and  when  otherwise 
qualified,  arrive  at  the  honor  of  being  Warden,  and 
then  Master  of  the  Lodge."  ^  *  ^  *  "No  brother 
can  be  a  Warden  until  he  has  passed  the  part  of  a 
Fellow  Craft ;  nor  a  Master  till  he  has  acted  as  Ward- 
en."— To  our  comprehension,  and,  we  may  add,  to 
that  of  a  large  majority  of  the  Fraternity,  this  law 
is  so  expHcit,  as  not  to  admit  of  any  fair  argument 
against  the  requirement  which  so  plainly  appears  in 
its  language — that  a  brother  must  be  a  Warden  be- 
fore he  can  be  Master.  We  have  seen  much  ingeni- 
ous argument  to  prove  that,  as  aU  preferment  among 
Masons  depends  on  personal  merit,  such  merit  must 
be  the  governing  rule  in  the  selection  of  the  Master, 
as  well  as  other  officers;  but  it  will  be  seen  that 
"real  worth  and  personal  merit"  are  the  groundwork 
only  of  preferment,  and  they  neither  include  nor,  by 
a  reasonable  deduction,  forbid  the  necessity  of  other 
qualifications.  As  a  basis  of  preferment,  we  cheer- 
fully acknowledge  personal  merit  to  be  indispensable, 
and  regard  it  as  one  of  the  most  satisfactory  features 
of  the  Masonic  institution — as  one  that  especially 
distinguishes  it  from  the  associations  of  the  profane 
world ;  but  to  make  this  the  only  test,  would  be  to 
sweep  away,  as  with  a  breath,  other  distinguishing 


94-  PRINCIPLES  AND   PRACTICE  OP 

and  valuable  characteristics  of  the  Fraternity.  If 
the  personally  meritorious  were  all  eligible  to  the 
mastership,  the  Master  Mason  of  a  day  might  aspire 
to  the  chief  command,  as  well  as  the  veteran  of  half 
a  century,  and  thus  our  lodges  would  become  so  many 
arenas  for  the  exhibition  of  the  chicanery  and  tricks 
of  partisan  politics,  while  the  experience  and  educa- 
tion necessary  to  fit  even  the  truly  meritorious  for  so 
difficult  a  trust  as  that  of  Master  of  a  Lodge,  would 
at  once  be  left  out  of  the  account.  Fortunately,  for 
the  stabihty  of  the  Craft,  the  advocates  of  such  a 
theory  are  few  and  far  between.  The  Charge  itself 
is  the  best  refutation,  if  any  were  needed,  of  the  argu- 
ment imder  consideration ;  for  it  plainly  contemplates 
the  gradual  arrival  of  the  aspii*ant  to  the  goal  of  his 
ambition : — the  Apprentice  is  to  become  a  Fellow 
Craft  in  due  time,  and  when  he  has  served  such  a 
term  of  years  as  the  custom  of  the  country  directs, 
and  is  otJiertoise  qualified,  he  may  arrive  to  the  honor 
of  being  "Warden,  and  then  Master.  In  the  words 
"otherwise  qualified,"  something  beside  "personal 
merit "  is  clearly  provided  for  and  intended. 

There  is  another,  and  somewhat  more  numerous, 
class,  who  claim  that,  under  certain  circumstances,  a 
Lodge  may  proceed  to  elect  to  the  mastership  auy 
member  of  the  Lodge,  even  though  he  may  never 
have  been  Warden.    We  have  seen  a  report,  adopted 


MASONIC   JURISPRUDENCE.  95 

by  a  Grand  Lodge,  in  whicL.  it  is  gravely  argued 
that  "acting  as  Warden"  is  merely  a  ceremonial  ob- 
servance, and  has  no  further  effect  than  to  require 
that  the  candidate  should  have  temporarily  occupied 
the  "Warden's  station  during  the  conferring  of  a  de- 
gree. We  cannot  fully  expose  the  fallacy  of  this 
position  without  trenching  on  matters  not  proper  to 
be  written ;  but  every  Master  Mason  knows,  or  ought 
to  know,  that  there  were  three  Grand  Masters,  neither 
of  whom  was  Warden — the  duties  of  that  station  being 
confided  to  the  "  Overseers  of  the  work,"  and,  there- 
fore, that  the  ceremony  referred  to  is  without  the 
quality  of  common  sense.  "Acting  as  Warden" 
means  to  have  been  lawfully  appointed  to  that  station, 
and  to  have  discharged  the  duties  that  pertain  to  it. 
In  Anderson's  second  edition  of  the  Constitutions, 
pubhshed  in  1738,  he  makes  two  very  important 
changes  in  the  Kegulation  in  regard  to  the  qualifica- 
tions of  the  Master.  The  first  is  simply  explanatory, 
by  the  addition  of  the  word  "  somewhere ;"  that  is, 
that  a  brother  should  have  been  Warden  somewhere, 
but  not  necessarily  in  the  Lodge  in  which  he  was  to 
be  elected  Master.  The  second  overthrows  the  whole, 
by  the  addition  of  these  words  :  "  except  in  extraor- 
dinary cases,  or  when  a  Lodge  is  to  be  formed  where 
none  such  (Past  Masters  or  Wardens)  can  be  had ; 
for  then  three  Master  Masons,  though  never  Masters 


96  PRINCIPLES  AND    PRACTICE   OF 

or  Wardens  of  Lodges  before,  may  be  constituted 
Master  and  Wardens  of  that  new  Lodge."  If,  as 
stated  in  the  title,  the  Constitutions  of  1721  were  the 
"  Laws,  Charges,  Orders,  Regulations  and  Usages  of 
the  Right  Worshipful  Fraternity  of  Accepted  Free- 
masons," and  were  collected  "from  their  general 
records  and  their  faithful  traditions  of  many  ages," 
then  he  had  no  authority  whatever  to  alter  them  in 
1738,  nor  could  the  Grand  Lodge  of  England,  if  they 
had  been  faithful  to  their  trust,  have  sanctioned  any 
such  alteration.  The  Constitutions  of  1721  were 
either  correct  or  they  were  not :  if  coiTect,  they  were 
the  usages  of  "  many  ages ;"  and  that  they  were  so, 
seems  to  follow  from  the  fact  of  their  approval  and 
authorized  publication  by  the  Grand  Lodge.  And, 
although  it  is  provided,  in  the  thirty-ninth  General 
Regulation,  "that  every  Annual  Grand  Lodge  has 
inherent  power  and  authority  to  make  neiu  regulations 
or  to  alter  these,  for  the  real  benefit  of  this  Ancient 
Fraternity,"  it  is  clear  that  this  only  refers  to  local 
regulations;  for  it  is  expressly  declared  that  such 
new  regulations  can  only  be  made  or  the  old  ones 
changed  on  condition  ^HTiatthe  old  lajidmarlcs  he  care- 
fully preserved."  The  requirement  that  a  Master 
must  previously  have  been  a  Warden,  we  are  told 
was  the  usage  of  many  ages,  and  the  conclusion  is 
irresistible  that  there  was  no  power  in  any  body  of 


MASONIC  JURISPRUDENCE.  97 

men  to  make  an  innovation  by  changing  it.  "  But " 
— we  shall  here  be  told — "  you  admit  that  any  Master 
Mason  may  be  appointed  Master  of  a  new  Lodge,  or, 
as  we  have  it,  a  Lodge  under  Dispensation."  We 
admit  the  fact,  but  we  deny  the  principle,  for  one 
proposition  carries  the  other  with  it ;  and  if  the  Grand 
Master  can,  under  the  regulations  of  his  Grand  Lodge, 
appoint  any  member  to  be  Master  of  a  new  Lodge, 
by  the  same  authority  he  might  grant  his  Dispensa- 
tion to  elect  a  member  from  the  floor  of  a  Warranted 
Lodge,  and  thus  the  EngHsh  practice  of  removing  a 
landmark  would  be  fully  established.  If,  however, 
we  admit  that  the  Grand  Lodge  of  England  had 
power  to  change  the  Regulation  of  1721,  in  regard 
to  the  qualifications  of  Masters,  then  we  must  also 
grant  to  every  other  Grand  Lodge  a  similar  authori- 
ty, and  thus  make  the  subject  one  of  local  legislation. 
Such  is,  indeed,  its  present  condition.  The  right  of 
the  Grand  Master  to  appoint  any  Master  Mason  to 
the  mastership  of  a  Lodge  under  Dispensation  is 
universally  conceded.  The  Grand  Lodge  of  New 
York  makes  this  exception,  but  otherwise  maintains 
the  rule  in  its  ancient  form.  Section  38  of  its  Con- 
stitution is  in  these  words  : — "  No  member  can  be 
Master  of  a  Lodge,  unless  he  has  been  previously 
installed,  and  served  as  an  elected  Warden  for  one 
year,  except  at  the  institution  of  a  new  Lodge,  when 
5 


98  PRINCIPLES  Am)   PRACTICE    OF 

no  Warden  or  Past  Master  is  found  to  serve  as  Mas- 
ter." With  one  or  two  exceptions,  we  believe,  every 
Grand  Lodge  in  the  United  States  has  a  similar  pro- 
vision in  its  Constitution ;  and  while,  therefore,  the 
principle  remains  as  we  have  stated  it,  the  practice 
must  be  governed  by  the  regulations  of  the  Grand 
Lodge  having  jurisdiction. 

We  now  pass  to  the  consideration  of  the  preroga- 
tives of  the  Master,  which  are  : — 

1.  The  right  to  congregate  his  Lodge. — The  law  for 
this  is  found  in  the  second  of  the  Regulations  of  1721, 
but  some  explanation  seems  to  be  necessary  to  its 
proper  understanding.  There  are  two  meanings  at- 
tached to  the  word  congregate^  one  of  which  is  the 
ordinary  acceptation,  meaning  the  calling  together 
of  the  brethren,  at  a  time  and  place  named,  for  the 
purpose  of  holding  a  meeting;  and  the  other,  the 
Masonic  one,  referring  to  the  ceremony  by  which  the 
Master  calls  the  brethren  to  order,  when  so  assem- 
bled, for  the  purpose  of  setting  them  at  labor  in  a 
formed  lodge.  It  is  an  immemorial  usage — and, 
therefore,  a  landmark — that  none  but  the  Master 
(when  he  is  present)  can  congregate  the  brethren,* 
although  the  formal  ceremony  of  opening  may  be 
performed  by  another  brother  in  his  presence  and 
under  his  direction.    Under  this  prerogative,  the 

*  In  the  second  sense  of  the  word.     See  Prerogative  9. 


MASONIC  JURISPRUDENCE.  99 

Master  may  call  or  summon  a  meeting  of  his  lodge 
at  any  time  he  thinks  proper ;  but,  though  in  former 
times  he  could  call  it  at  any  time  or  place,  his  power 
in  this  respect  is  now  restricted,  under  the  regula- 
tions of  Grand  Lodges,  to  the  calling  of  special  com- 
munications at  the  place  usually  occupied  by  the 
Lodge ;  at  which  special  communications  no  business 
can  be  transacted,  save  that  iox  which  the  meeting 
is  called ;  and,  further,  that  no  business  relative  to 
the  presentation  of  petitions  for  initiations  or  adjoin- 
ing, or  a  ballot  on  such  petitions,  can  be  had  at  a 
called  meeting.  The  stated  communications  are  fixed 
by  the  Lodge  itseK,  as  well  as  the  place  where  they 
are  to  be  held ;  and  though  the  Master  may,  if  he 
please,  summon  the  members  for  any  meeting,  he 
cannot  alter  the  time  or  place  of  the  stated  ones, 
because  he  has  agreed  to  observe  the  By-laws,  and 
to  stand  to  the  awards  of  the  brethren,  so  far  as  they 
do  not  interfere  with  his  admitted  prerogatives. 

2.  The  right  to  preside. — This  is  a  self-evident 
proposition,  and  follows  as  a  natural  consequence  of 
his  installation  :  but  there  is  this  peculiarity  attach- 
ing to  the  Master  of  a  Masonic  Lodge,  viz :  that  once 
duly  installed,  he  cannot  during  his  term  of  office  be 
deprived  of  his  right  to  preside  by  any  power  residing 
in  the  Lodge  itself.  By  the  terms  of  his  covenant  at 
installaiion,  he  is  boimd  "to  pay  homage  to  the 


100  PRINCIPLES  AND   PRACTICE   OF 

Grand  Master  for  the  time  being,  and  to  his  officers, 
when  duly  installed :"  hence,  when  the  Grand  Master 
or  his  Deputy,  or  other  duly-appointed  representa- 
tive, appears  in  a  Lodge,  the  power  of  the  Master  to 
preside  temporarily  disappears,  unless  the  superior 
authority  waive  the  right  thus  vesting  in  him,  a  court- 
esy which,  it  is  perhaps  needless  to  say,  is  almost 
imiversally  exercised.  From  this  right  of  the  Master 
ensue  others,  intimately  connected  with  it,  as 

3.  Tlw  right  to  Jill,  temporarily,  any  vacancies  thai 
may  occur  in  the  Lodge  Offices, — It  is  his  duty  to  set 
the  Craft  at  labor,  and,  in  order  to  do  so,  he  needs 
the  active  cooperation  of  all  the  other  officers ;  and 
it  is,  therefore,  necessary  to  the  proper  execution  of 
his  trust  that  he  should  have  full  power  to  select  from 
the  brethren  present  such  as  he  deems  competent  to 
discharge  the  functions  of  the  absent  incumbents. 

4.  To  control  the  admission  of  visitors. — It  is,  be- 
yond question,  that  one  of  the  most  important  duties 
of  a  faithful  Master  is  the  preservation  of  harmony 
among  the  brethren  by  the  exercise  of  sleepless  vigi- 
lance against  the  admission  of  cowans,  or  of  those 
brethren  who,  if  admitted,  would  by  their  presence 
disturb  the  peace  of  the  Lodge  and  hinder  its  work. 
In  the  exercise  of  this  right,  therefore,  the  Master 
may  refuse  admission  to  any  visitor,  however  correct 
the  standing  of  the  visitor  may  be,  he  being  respon- 


I  8  R 
or  TMt 

MVERsny 

Of 

"""  ■     iRN\^-^    MASONIC   JURISPEUDENOE.  101 

sible  for  the  exercise  of  his  prerogative.  For  a  simi- 
lar reason,  it  is  the  general  practice  of  the  Master — 
though  not  absolutely  bound  to  do  so — to  refuse  a 
visitor  when  any  member  of  the  Lodge  objects  to  his 
visit.  It  is  held  that  he  may  even  go  farther,  and 
refuse  a  member  of  his  own  Lodge,  subject  of  course 
to  the  penalties  that  would  follow  an  abuse  of  that 
power.  As  an  abstract  proposition,  this  is  probably 
correct ;  yet  it  is  hedged  round  with  so  many  diffi- 
culties, and  treads  so  close  upon  the  right  accorded 
to  every  member  in  good  standing,  to  participate  in 
the  work  of  his  Lodge,  that  we  cannot  but  advise 
that  it  should  never  be  exercised,  or,  at  least,  only  in 
such  flagrant  cases  as  would  demand  a  similar  action 
on  the  part  of  the  Lodge,  if  the  power  were  not 
already  vested  in  the  Master.  We  are  all  liable  to 
error,  and  but  few  men  are  exempt  from  the  influence 
of  a  momentary  pique,  or  the  impulse  of  sudden  pas- 
sion. At  such  a  time,  the  compasses  lose  their  power, 
and  we  become  liable  to  do  that  which,  in  our  cooler 
moments,  we  might  sincerely  regret.  It  should  also 
be  remembered  that  a  member  so  refused,  has  an 
appeal  to  the  Grand  Master  or  Grand  Lodge,  and, 
if  unjustly  dealt  with,  may  even  prefer  charges ;  in 
which  case,  the  trouble  ensuing  would  more  than 
counterbalance  any  good  expected  to  result  from  the 
exclusion. 


102  PRINCIPLES  AND  PRACTICE   OF 

5.  To  regulate  and  terminate  all  discussion. — The 
distinction  between  the  Master  of  a  Masonic  Lodge 
and  the  presiding  officer  of  any  other  association, 
is  no  where  more  strikingly  exemplified  than  in  the 
exercise  of  this  prerogative.  While,  in  other  socie- 
ties, the  president — or  whatever  title  he  may  assume 
— presides,  in  our  Lodges,  the  Master  rules  and  gov- 
erns. Li  the  execution  of  his  trust,  he  wields  auto- 
cratic powers,  and,  for  the  time  being,  the  Lodge 
must  obey.  Hence,  when  in  his  judgment  the  debate 
has  extended  far  enough,  or  when  it  is  degenerating 
into  criminations  and  personalities — as  unfortunately 
will  sometimes  occur — he  rises  in  his  place,  and  the 
floor  is  his;  he  proceeds  to  put  the  question,  if  a 
question  be  pending,  or  to  direct  the  labors  in  some 
other  channel. 

6.  To  direct  the  order  of  business. — It  has  become 
a  custom,  of  late  years,  for  lodges  to  append  to  their 
By-laws  a  summary  of  the  order  in  which  business 
shall  be  transacted  at  the  stated  communications, 
and  Masters  are  gradually  falling  into  the  habit  of  its 
use,  on  the  ground  of  convenience.  It  is  very  dis- 
tinctly within  our  recollection  when  no  such  thing 
was  known — at  least,  not  to  our  knowledge — and  we 
have  always  protested  against  it  during  the  years  of 
our  mastership  by  paying  no  attention  to  any  such 
rules.     If  a  Master  is  competent  to  fill  the  station  he 


MASONIC   JUEISPKUDENCE.  103 

occupies,  he  ought  to  be,  and  is,  the  best  judge  of 
what  to  do  and  when  to  do  it.  Every  Master  should 
assert  this  power,  as  a  standing  protest  against  the 
innovations  which  are  gradually,  but  surely,  making 
their  way  among  us. 

7.  To  appoint  all  Committees. — ^Being  responsible 
for  the  proper  conduct  of  the  affairs  of  the  Lodge,  it 
is  but  just  that  the  Master  should  have  the  selection 
of  the  committees.  If  such  were  not  the  case,  the 
Master  would,  to  that  extent,  be  imder  the  direction 
of  the  Lodge,  a  position  in  which  he  can  never  be 
lawfully  placed.  The  Master  is  considered,  by  virtue 
of  his  office,  a  member  of  all  committees,  and  when 
he  chooses  to  attend  their  deUberations,  the  deference 
due  to  his  position  makes  him  Chairman.  The  right 
is,  however,  seldom  exercised,  and  in  some  cases — as 
the  committee  to  try  charges  against  a  brother — ought 
not  to  be  at  all.  He  has  also  generally  the  appoint- 
ment of  such  of  the  subordinate  officers  as  are  not 
elected  under  the  By-laws ;  this,  however,  is  not  an 
irrevocable  right,  for  the  custom  has  varied  at  differ- 
ent periods  and  in  different  jurisdictions.  Thus,  in 
England,  he  appoints  the  Wardens,  and  they  in  turn 
appoint  officers  of  lower  grade  than  themselves ;  in 
some  jurisdictions,  the  Lodge  elects  all  the  officers ; 
in  others,  the  Master  appoints  all  below  the  Secretary. 

8.  To  close  the  Lodge  at  will. — By  this  it  is  not 


104  PRINCIPLES  AND  PRACTICE  OP 

absumed  that  the  Master  may  close  his  Lodge  in  the 
midst  of  its  labors  at  the  mere  suggestion  of  his  own 
arbitrary  wiU,  for  that  would  be  intolerable ;  but  that 
he  is  the  proper  judge  as  to  when  the  labors  ought 
reasonably  to  cease,  and  the  brethren  retire  to  their 
several  homes.  Perhaps  no  single  objection  against 
Masonic  Lodges  has  been  urged  with  greater  force 
than  that  which  has  for  its  theme  the  detention  of  the 
brethren  to  an  unreasonable  hour  of  the  night.  The 
world  is  all  too  apt  to  believe  whatever  may  be  stated 
to  the  prejudice  of  our  society,  and  it  would  be  diffi- 
cult to  furnish  an  argument  hkely  to  be  more  indus- 
triously used  against  us,  than  the  imfortunate  habit 
many  lodges  have  contracted  of  protracting  their 
meetings  to  unreasonable  hours.  Married  men  owe 
it  to  their  families,  and  single  ones  to  their  reputa- 
tions, to  be  at  home  before  midnight ;  and  it  is  well 
that  Masters  should  recollect  their  prerogative,  and 
exercise  it  by  closing  their  Lodges  at  such  an  hour 
as  will  enable  the  brethren  to  be  at  home  in  good 
season.  Cases  may  arise,  in  which  it  is  the  bounden 
duty  of  the  Master  to  close  his  Lodge  summarily, 
and  in  such  an  event,  there  is  no  question  as  to  his 
authority  so  to  do.  Li  all  well-governed  Lodges, 
however,  the  occurrence  of  such  a  scene  would  be 
next  to  an  impossibility. 

It  has  been,  and  is  still  held  to  be,  a  prerogative 


MASONIC  JUEISPRUDENCE.  105 

of  the  Master  to  open  his  Lodge  at  the  hour  he 
thinks  appropriate  ;  but  while  we  do  not  dispute  the 
fact,  we  think  he  may  be  safely  admitted  to  have 
waived  this  in  favor  of  the  Lodge,  to  secure  the  at- 
tendance of  the  brethren  at  a  fixed  time,  in  order 
that  all  may  know  what  to  depend  upon ;  and  that 
no  unfair  advantage  may  be  taken  of  the  presence  of 
certain  brethren,  or  the  absence  of  others,  to  bring 
forward  or  keep  back  a  favorite  measure. 

9.  To  issue  summons. — ^We  have  already  alluded  to 
this  power  in  the  first-mentioned  prerogative  of  the 
Master,  but  only  as  to  meetings,  the  topic  then  under 
consideration.  He  has,  however,  power  to  summon 
for  various  purposes,  in  addition  to  meetings :  as, 
witnesses  in  trials ;  all  Masons  within  the  jurisdiction 
of  his  Lodge,  to  answer  complaints  against  them ; 
the  ofiicers  of  his  Lodge,  to  render  their  accounts 
or  to  answer  for  delinquencies ;  the  members  of  his 
Lodge,  to  attend  the  funeral  of  a  deceased  brother. 
The  summons  can  be  issued  by  authority  of  the 
Master  only,  while  he  remains  in  the  discharge  of  his 
functions,  and  is  a  peremptory  order,  which  must  be 
obeyed,  under  penalty,  unless  the  excuse  of  the  de- 
faulter be  of  the  most  undeniable  vaHdity.  A  sum- 
mons is  usually  in  writing,  signed  by  the  Master, 
countersigned  by  the  Secretary,  and  having  the  Lodge 
seal  attached ;  but  there  is  no  doubt  that  a  verbal 


106  PRINCIPLES  AND    PEACTICE    OF 

summons  by  the  Master  is  equally  binding  with  a 
written  one. 

10.  To  he  the  custodian  of  the  Warrant.— Mi\io\i^ 
the  Warrant  purports  on  its  face  to  be  granted  to  the 
Master  and  Wardens,  yet,  at  his  installation,  it  is 
placed  in  special  charge  of  the  Master,  and  he  is 
made  responsible  for  its  safe  keeping.  As,  under  the 
present  organization  of  the  Fraternity,  no  Lodge  can 
be  established  without  a  Warrant,  and  as  its  pres- 
ence is  necessary  to  the  legahty  of  all  meetings,  it 
follows  that  the  powers  of  the  Master  can  only  be 
exercised  imder  its  sanction ;  and  it  is,  therefore,  but 
just  that  he  should,  at  all  times,  be  in  possession  of 
the  evidence  of  his  authority.  There  is,  in  many 
cases,  a  want  of  care,  on  the  part  of  Masters,  in  re- 
gard to  this  important  document.  We  have  frequently 
seen  it  framed,  and  hung  up  in  the  Lodge-room  ;  in 
other  cases,  we  have  known  it  to  be  regularly  com- 
mitted to  the  keeping  of  the  Tiler  at  the  close  of  the 
meeting,  and  sometimes  it  is  put  away  in  a  package 
with  the  Secretary's  books — all  of  which  practices 
appear  to  us  extremely  reprehensible.  It  is  delivered 
to  the  Master  in  person,  and  it  ought  to  remain  in 
his  personal  custody.  It  is  true,  that  even  then  an 
accident  might  happen ;  but,  in  that  event,  there 
would  remain  the  satisfaction  of  knowing  that  the 
duty  of  personal  care  had  been  fully  discharged.    In 


MASONIC  JURISPRUDENCE.  107 

case  of  loss  of  the  Warrant — by  fire,  for  instance — it 
is  a  simple  matter  for  tlie  Grand  Lodge  to  issue  a 
new  one,  equally  valid,  in  a  legal  point  of  view,  with 
the  original,  but  it  would  only  be  a  duplicate ;  and 
when,  as  is  not  uncommon,  all  the  original  signers 
have  passed  away,  the  loss  is  irreparable,  nor  will  the 
regret  attending  it  be  lessened  by  the  reflection  that 
carelessness  may  be  cited  as  its  moving  cause. 

Under  certain  circumstances,  the  custody  of  the 
Warrant  passes  to  the  Wardens,  as  will  be  seen  when 
we  come  to  speak  of  those  officers. 

11.  In  company  ivith  the  Senior  and  Junior  Ward- 
ens, to  represent  his  Lodge  at  aU  communications  of  the 
Grand  Lodge. — ^While  it  must  be  admitted  that  this 
is  a  right,  which  came  into  existence  at  the  estabHsh- 
ment  of  a  Grand  Lodge,  after  the  revival  of  Masonry 
in  1717,  it  is  none  the  less,  now,  inalienable.  We  see 
in  the  Regulations  of  1721  that  it  is  provided,  that 
"  the  Grand  Lodge  consists  of,  and  is  formed  by,  the 
Master  and  Wardens  of  all  the  regular  particular 
Lodges  upon  record."  And,  again,  "  the  majority  of 
every  particular  Lodge,  when  congregated,  shall  have 
the  privilege  of  giving  instructions  to  their  Master 
and  Wardens  before  the  assembhng  of  the  Grand 
Lodge —  *****  because  their  Master  and 
Wardens  are  their  representatives,  and  are  supposed 
to  speak  their  mind."    From  this  it  follows,  that  with- 


108  PRINCIPLES  AND    PRACTICE   OF 

out  the  representatives  of  the  subordinate  or  pai-ticu- 
lar  Lodges,  there  is  no  Grand  Lodge;  and  as  no 
legislation  can  be  effected  without  their  consent,  it  is 
not  to  be  supposed  they  will  disfranchise  themselves. 
By  the  terms  of  his  installation,  and  as  the  executive 
of  the  Lodge  will,  the  Master  is  especially  charged 
with  the  duty  of  representation. 

Li  the  exercise  of  these  prerogatives,  other  and 
correlative  exhibitions  of  authority  are  sometimes 
called  forth ;  as 

The  control  of  the  minutes,  so  far  as  to  see  that 
nothing  improper  to  be  written  is  recorded ;  and,  on 
the  other  hand,  that  nothing  essential  to  a  fair  record 
of  the  proceedings  is  omitted. 

The  right  to  refuse  to  initiate  a  candidate,  notwith- 
standing his  acceptance  by  the  Lodge,  if,  in  his  judg- 
ment, such  initiation  would  be  improper. 

The  right,  when  the  first  ballot  for  a  candidate 
appears  to  be  unfavorable,  to  order  a  second — he 
taking  care  that  the  necessary  cautions  be  observed, 
and  that  the  re-balloting  be  done  before  any  brother 
participating  in  the  first  ballot  has  left  the  Lodge. 

The  right  to  discuss  all  questions,  without  regard 
to  the  parliamentary  etiquette  of  leaving  the  Chair, 
because  it  is  his  duty,  at  all  times,  to  give  the  Craft 
good  and  wholesome  instruction;  in  any  remarks, 
therefore,  which  he  may  be  pleased  to  make,  he 


MASONIC   JURISPKUDENCE.  109 

is  presumed  to  act  for  tlie  best  interests  of  tlie 
brethren. 

He  signs  all  drafts  upon  the  Treasurer,  without 
which,  that  officer  would  not  be  justified  in  paying 
out  the  Lodge  funds. 

He  is  exempt  from  trial  by  the  Lodge.  This  pro- 
position is  a  legitimate  sequence  of  his  official  pre- 
rogatives. We  have  seen  that  he  has  the  right  to 
preside  at  all  times,  and  to  decide,  without  the  possi- 
bility of  an  appeal  being  taken  from  his  decision  to 
that  of  the  Lodge.  If,  therefore,  a  motion  should  be 
offered  to  put  him  on  trial,  he  might  refuse  to  enter- 
tain it ;  and,  even  worse,  he  might,  if  his  trial  were 
allowed  in  the  Lodge,  be  called  to  sit  as  judge  in  his 
own  case  ;  for  the  Lodge  cannot  deprive  him  of  his 
right  to  preside.  He  has  the  right  to  appoint  all 
committees :  in  selecting  one  before  which  his  trial 
should  be  had,  (where  that  mode  of  trial  is  adopted,) 
he  would,  of  course,  select  his  personal  friends,  and 
use  his  influence  with  them  to  secure  an  acquittal. 
It  is,  therefore,  held  that  some  tribunal,  other  than 
the  Lodge,  shall  be  charged  with  the  trial  of  the 
Master,  and  that  tribunal  is,  by  universal  consent, 
the  Grand  Lodge. 

He  is  entitled,  and  required  to  receive  the  degree 
of  Past  Master  previous  to  his  installation,  because 
it  is  an  indispensable  part  of  that  ceremony ;  without 


llO  PRINCIPLES  AND  PRACTICE  OF 

the  possession  of  which  he  could  not  lawfully  preside, 
and  by  which  he  is  furnished  with  instruction  for  his 
guidance  while  occupying  the  Chair. 

He  cannot  dimit  or  resign  during  his  term  of  office, 
because  he  has  entered  into  a  solemn  covenant  to 
discharge  the  duties  of  Master  for  one  year  from  the 
time  of  his  election,  which  is  in  itself  a  promise  that 
he  will  not  resign.  If  he  cannot  resign,  he  cannot 
dimit;  because,  if  allowed  to  withdraw,  he  might 
affiliate  with  another  Lodge,  and  thus  be  Master  of 
one  while  a  member  of  another,  an  argument  which 
requires  no  refutation. 

No  vacancy  can  occur  in  his  office,  except  by  death 
or  expulsion.  The  Constitution  of  New  York  pro- 
vides another  cause,  by  "  removal  beyond  the  juris- 
diction," which,  with  all  deference  to  our  mother 
Grand  Lodge,  we  think  untenable,  for  this  reason : — 
It  is  universally  conceded  that  a  Master  Mason  ought 
to  belong  to  a  Lodge,  and  that  it  is  his  right  to  affil- 
iate with  the  one  that  suits  him,  without  regard  to 
its  location  or  his  residence  ;  or,  to  make  the  matter 
plainer,  that  a  Master  Mason  residing  in  New  Or- 
leans, may,  if  he  choose,  affiliate  with  a  Lodge  in 
Boston,  if  the  Lodge  think  proper  to  affiHate  him. 
This  being  true,  it  foUows  that  removal  beyond  the 
jurisdiction  does  not  affect  the  membership  of  the 
Master ;  and  while  he  continues  a  member  in  good 


MASONIC    JUEISPRUDENCE.  Ill 

standing,  his  right  to  the  office  in  which  he  has  been 
installed  remains  indefeasible. 

Where  a  vacancy  actually  occurs  by  death  or  ex- 
pulsion, it  is  generally  held  that  the  Grand  Master 
may  issue  his  dispensation,  authorizing  a  new  election 
to  fill  the  vacancy  thus  created.  From  this  proposi- 
tion we  also  dissent,  because  it  is  the  admitted  pre- 
rogative of  the  Senior  Warden,  in  the  event  of  such 
vacancy,  to  succeed  to  the  Chair,  and,  in  his  absence, 
the  Junior  Warden  succeeds  by  immemorial  right — a 
right  which  even  the  edict  of  the  Grand  Master  can- 
not abrogate.  If,  however,  all  three  offices  are  vacant, 
it  would  then  be  proper  to  hold  a  new  election,  under 
authority  of  the  Grand  Master,  but  not  otherwise. 

The  conclusion  to  which  the  yoimg  Mason,  after 
reading  this  summary  of  the  powers  of  the  Master, 
will  naturally  arrive  is,  that  he  is  a  perfect  despot ; 
and  so,  in  one  sense,  he  is — in  the  Lodge.  But  the 
masonic  system  is  amply  provided  with  what,  in  diplo- 
matic language,  are  called  "  checks  and  balances ;" 
and  for  every  power  intrusted  to  and  exercised  by  the 
Master,  there  is  a  corresponding  responsibility.  If 
he  err — as  Masters,  being  but  men,  will  sometimes 
do — there  is  the  superior  power  of  the  Grand  Master 
to  correct  his  error,  and  restore  the  status  quo.  His 
powers  are  a  peculiarity  of  the  institution,  and  cannot 
be  changed  without  altering  its  entire  character,  which 


112  PRINCIPLES  AND    PRACTICE   OF 

no  one  can  do,  if  any  were  so  inclined.  Among  us 
the  possession  of  these  powers  seems  to  render  the 
heedless  careful,  and  the  careful,  conservative ;  and 
while  the  brethren  render  due  obedience,  carefully 
observing  the  statutes  and  regulations,  there  is  noth- 
ing to  fear  from  the  exercise  of  arbitrary  powers  on 
the  part  of  the  Master.  Finally,  to  again  quote  Bro- 
ther TowNSEND,  "We  have  seen  that  the  brethren 
must,  in  all  lawful  things,  obey  their  Master.  He,  on 
his  part,  should  have  no  object  but  the  advantage, 
welfare  and  comfort  of  his  brethren.  We  may  teach 
him  our  forms,  explain  to  him  their  meaning,  stimu- 
late his  ambition  to  discharge  his  duties  creditably ; 
but,  after  aU,  we  must  leave  him  to  look  within  his 
own  heart  for  instruction,  and  to  be  guided  by  his 
own  good  sense  and  good  feeling  in  his  general  con- 
duct. But,  although  particular  rules  wiQ  not  avail 
to  supply  the  want  of  good  sense  and  discretion,  yet 
there  are  two  general  maxims,  of  which  the  Master 
should  never  lose  sight : — First,  to  be  serious  ;  sec- 
ondly, to  be  strict  in  observing  what  are  called  the 
Landmarks  of  the  Craft." 

PAST    SIASTER. 

Though  perhaps  somewhat  in  the  nature  of  an 
interpolation,  this  appears  to  be  the  proper  place  to 
call  attention  to  the  status  of  Past  Masters.    It  has 


MASONIC   JURISPRUDENCE.  113 

been  well  said,  that  "  Past  officers  have  no  powers  as 
such,  except  the  respect  due  to  their  standing,  skill 
and  experience,  save  what  is  expressly  given  them 
by  the  Constitutions  of  their  Grand  Lodges," — al- 
though it  is  but  partially  true.  "When  a  Master  has 
arrived  at  the  end  of  his  official  term,  and  has  installed 
his  successor,  he  loses  all  the  rights  which,  as  an 
actual  Master,  he  had  been  exercising,  and  becomes 
again  the  peer  of  the  brethren,  subject,  like  them,  to 
be  ruled  and  governed  by  the  new  Master ;  but  by 
the  very  fact  of  having  been  installed,  and  having 
served  as  Master,  certain  privileges  inure  to  him, 
which  are  not  possessed  by  any  brother  who  has  not 
attained  to  that  rank.  Thus,  in  the  fourth  of  the 
Ancient  Charges,  it  is  provided  that  "  no  brother  can 
be  a  Grand  Warden  till  he  has  been  Master  of  a 
Lodge ;"  and  that  "  the  Grand  Master  has  power  to 
choose  his  Deputy,  who  must  be  then,  or  must  have 
been,  the  Master  of  a  particular  Lodge."  The  Grand 
Master  himself  is  only  required  to  have  been  a  Fellow 
Craft ;  but  in  the  many  changes  which  these  Charges 
have  since  undergone,  it  has  come  to  be  required  that 
the  Grand  Master  also  shall  have  been  Master  of  a 
Lodge.  It  is  clear  that,  under  the  present  regulations 
of  the  Fraternity,  he  must  be  at  least  a  Master  Mason  ; 
but  we  do  not  hazard  anything  in  saying,  that  no 
Grand  Lodge  would  now  elect  a  Grand  Master  who 


114  PRINCIPLES  AND   PRACTICE  OP 

had  not  previously  acquired  the  experience  of  at  least 
one  term  as  Master  of  a  Lodge.  Therefore,  we  say 
that  it  is  a  privilege  of  a  Past  Master  to  be  ehgible 
to  office  in  the  Grand  Lodge.  In  all  Grand  Lodges 
it  is  the  rule  that  Lodges  may  be  represented  by 
proxy  when  the  actual  officers  are  absent :  in  about 
half  of  them,  any  Master  Mason  in  good  standing, 
and  a  member  of  the  Lodge  he  represents,  can  be 
such  proxy ;  in  the  others,  he  is  required  to  be  a  Past 
Master.  As  a  general  rule,  we  think  that  in  all  cases 
a  Past  Master  would  have  the  preference. 

A  Past  Master  is  quahfied  to  install  any  Master 
elect,  when  requested  to  do  so,  and  to  be  present  at 
the  quahfication  of  a  Master  elected  to  the  Chaii*  for 
the  first  time.*  We  may  here  digress  a  moment,  to 
say  that,  although  some  authorities  declare  that  a 
virtual  or  Chapter  Past  Master  may  be  present,  and 
assist  at  such  qualification,  we  entirely  dissent  from 
the  assertion.  The  degree  of  Past  Master,  as  con- 
ferred in  a  Chapter,  is  a  prerequisite  to  the  reception 
of  the  next  higher  grade,  and  can  only  be  conferred 
on  those  who  have  received  the  preceding  or  Mark 
Master's  degree,  a  quahfication  not  necessarily  pos- 
sessed by  the  Master  elect,  who  is  about  to  be  quah- 
fied for  installation,  by  the  reception  of  the  Past  Mas^ 
ter^s  degree.    In  one  tjase,  it  is  merely  a  ceremonial 

*  See  Elections. 


MASONIC   JURISPRUDENCE.  115 

qualification  for  a  higher  degree ;  in  the  other,  it  is 
part  of  the  installation,  by  which  the  Master  is  in- 
vested with  power  to  govern  an  actual  Lodge.  Again, 
it  is  the  year  of  service  in  the  Chair  that  makes  him 
a  Past  Master,  and  not  the  degree ;  while  in  the  Chap- 
ter it  is  the  degree,  without  any  service  whatever. 
The  cases  are  not  parallel :  one  has  earned  his  posi- 
tion ;  the  other,  has  simply  paid  for  a  title.  There  is 
no  reason,  in  Masonry  or  equity,  why  their  privileges 
should  be  equal. 

When  the  Grand  Master  is  unable  to  attend  to  any 
duty  requiring  his  presence  at  a  distance  from  his 
home,  he  selects  a  proxy  to  act  for  him,  and  always, 
when  possible  to  do  so,  the  Master  or  Past  Master  of 
a  Lodge.  The  same  rule  governs  in  the  appointed 
officers  of  a  Grand  Lodge. 

A  Past  Master  is  always  eligible  to  reelection  with- 
out further  service  as  Warden,  either  in  the  Lodge 
in  which  he  originally  served  or  in  any  other  to 
which  he  may  attach  himself. 

As  a  matter  of  courtesy,  he  is  invited  to  a  seat  in 
the  East,  that  he  may  aid  the  acting  Master  with  his 
counsel,  should  it  be  needed  in  conducting  the  busi- 
ness of  the  Lodge. 

Much  argument  has  been  had  as  to  the  right  of  a 
Past  Master  to  a  seat  in  his  Grand  Lodge,  by  virtue 
of  his  service  in  the  Chair,  and  for  some  years  the 


or 


"^S^S^Tl 


116  PRINCIPLES  AND   PRACTICE   OF 

Fraternity  of  New  York  were  literally  convulsed  by 
the  troubles  arising  from  this  source.  The  real  ques- 
tion at  issue,  however,  was  not  as  to  whether  all  Past 
Masters  were  entitled  to  life  membershijp  in  the  Grand 
Lodge,  but  whether  those  who  had  acquired  that 
privilege  under  a  law  existing  from  the  very  founda- 
tion of  the  Grand  Lodge,  could  be  deprived  of  it  by 
an  enactment  ex  post  facto  in  its  nature  and  applica- 
tion. After  long  discussion,  it  was  finally  agreed, 
that  while  the  Grand  Lodge  might  amend  its  Consti- 
tution, so  as  to  exclude  all  future  Past  Masters,  it 
could  not  in  equity  take  away  rights  which  had  been 
constitutionally  acquired.  "With  this  agreement,  the 
troubles  in  the  Craft  disappeared,  as  if  by  magic,  and 
the  Fraternity,  again  united,  has  ever  since  flourished 
as  it  never  flourished  before.  There  are  still,  we  be- 
lieve, one  or  two  Grand  Lodges  where  Past  Masters' 
are  entitled  to  seats  as  such  ;  but  the  general  sense 
of  the  brethren  appears  now  to  be,  that  they  have  no 
privileges  but  those  we  have  here  enumerated. 

THE   WARDENS. 

In  every  just  and  duly-constituted  Lodge  of  Free- 
masons are  two  officers,  styled  respectively  the  Senior 
and  Junior  "Warden.  Second  only  in  importance  to 
the  Master,  a  proper  understanding  and  performance 
of  their  duties  is  essential  to  the  welfare  of  the  body. 


MASONIC  JURISPRUDENCE.  117 

Doctor  Oliver  very  happily  terms  them  Deputy  Mas- 
ters ;  such  in  reality  they  are.  During  the  business 
of  the  Lodge,  and  in  what  is  technically  termed  the 
work)  they  are  particularly  called  upon  to  assist  in 
the  preservation  of  order,  and  in  the  due  performance 
of  the  ritual ;  and  in  case  of  the  death,  absence,  or 
inability  of  the  Master,  they  are  authorized  and  re- 
quired, in  turn — that  is,  first  the  Senior  Warden,  and, 
in  his  absence,  the  Junior  Warden — to  succeed  to  all 
his  powers  and  prerogatives,  for  the  time  being.  We 
use  the  word  aU  advisedly,  because  we  have  frequently 
heard  it  urged  that  the  Warden,  presiding  in  the  ab- 
sence of  the  Master,  cannot  confer  degrees,  partly 
because  he  has  not  received  the  degree  of  Past  Mas- 
ter, and  partly  because  the  Regulations  of  1721  pro- 
vide that,  in  the  absence  of  the  Master,  his  power 
reverts  to  the  last  Past  Master.  We  cannot  write  all 
that  might  be  said  in  relation  to  the  degree  of  Past 
Master,  but  it  will  answer  our  present  purpose  to  say, 
that  its  reception  is  as  much  necessary  to  make  a 
Master,  as  it  is  that  he  should  have  previously  served 
a  term  as  Warden,  and  that  he  should  assent,  in  the 
presence  of  the  brethren,  to  the  questions  put  to  him 
at  his  installation.  Hence,  though  a  brother  should 
serve  as  Warden  twenty  years,  and  should  all  that 
time  act  as  Master,  he  would  not  be  Master  de  facto, 
nor  at  the  close  of  that  term  be  a  Past  Master,  without 


118  PRINCIPLES  AND    PRACTICE    OP 

a  regular  election  and  installation  as  such,  which 
would  include  the  degree  in  question.  The  degree, 
then,  is  an  absolute  necessity  to  him  who  would  be 
Master,  but  not  to  a  Warden  temporarily  called  upon 
to  assume  a  contingency  of  his  office. 

The  regulation  referred  to  was  evidently  inserted 
in  the  code  by  mistake,  as  it  contains  within  itself  a 
flat  contradiction  of  terms:  for  though  it  provides 
that  "the  absent  Master's  authority  reverts  to  the 
last  Master  then  present,"  yet  it  goes  on  to  say,  "he 
cannot  act  until  the  said  Senior  Warden  has  once 
congregated  the  Lodge,  or,  in  his  absence,  the  Junior 
Warden."    Dr.  Mackey  remarks  on  this  question : — 

**  The  regulation  is,  however,  contradictory  in  its  provisions; 
for  if  the  Mast  Master  present'  could  not  act — that  is,  could 
not  exercise  the  authority  of  the  Master,  until  the  Senior 
Warden  had  congregated  the  Lodge — then  it  is  evident  that 
the  authority  of  the  Master  did  not  revert  to  him  in  an 
unqualified  sense;  for  that  ofiBccr  required  no  such  concert  or 
consent  on  the  part  of  the  Warden,  but  could  congregate 
the  Lodge  himself. 

"  This  evident  contradiction  in  the  language  of  the  regula- 
tion probably  caused,  in  a  brief  period,  a  further  examination 
of  the  ancient  usage;  and  accordingly,  on  the  25th  of  No- 
vember, 1723,  a  very  little  more  than  three  years  after,  the 
following  regulation  was  adopted: 

"  '  If  a  Master  of  a  particular  Lodge  is  deposed  or  dimits, 
the  Senior  Warden  shall  forthwith  fill  the  Master's  chair  till 


MASONIC  JURISPRUDENCE.  119 

the  next  time  of  choosing;  and  ever  since,  in  the  Master's 
absence,  he  fills  the  Chair,  even  though  a  former  Master  be 
present.'  "* 

But,  admitting  the  Eegulation  of  1721  to  be  still  in 
force,  it  is  evident  that  the  real  power  in  the  premises 
is  vested  in  the  Warden :  for  if  he  refuse  to  "  congre- 
gate" the  Lodge,  then  the  Past  Master  would  be 
powerless  to  do  so,  and  would  be  without  any  Lodge 
to  preside  over.  Such,  except  in  England,  is  now 
the  general  sense  of  the  Fraternity,  and  we  therefore 
state,  as  the  prerogatives  of  the  Wardens  : — 

1.  The  right  to  assume  the  Chair  in  the  absence 
of  the  Master,  and  to  exercise,  while  so  occupying  it, 
aU  the  powers  that  might  of  right  be  exercised  by 
him,  if  personally  present. 

2.  The  right  to  represent  the  Lodge,  in  company 
with  the  Master,  at  all  communications  of  the  Grand 
Lodge.  The  same  reasons  apply  here  as  in  the  case 
of  the  Master.  They  are  a  constituent  part  of  the 
Grand  Lodge,  and  it  is  their  right,  as  well  as  duty, 
to  be  present  at  its  communications.  It  is  the  prac- 
tice in  the  Grand  Lodge  of  New  York,  and  we  pre- 
sume in  those  of  other  States,  for  either  of  the  three 
(Master  and  Wardens)  to  cast  the  vote  of  his  absent 
associates,  on  the  principle  that  every  Lodge  is  enti- 
tled to  three  votes. 

*  **  Text-book  of  Masonic  Jurisprudence." 


120  PRINCIPLES   AND  PRACTICE  OP 

3.  The  right,  after  regular  installation  and  one 
year's  service,  to  be  elected  Master  in  any  regular 
Lodge  with  which  they  may  afl&liate,  and  which  may 
choose  to  confer  that  honor  upon  them.  And  this, 
too,  without  regard  to  the  period  of  time  that  may 
have  elapsed  between  the  close  of  the  term  of  service 
as  Warden  and  the  election  as  Master. 

4.  In  some  Lodges,  the  Wardens  are  allowed  to 
appoint  the  Deacons,  but  they  are  few  in  number, 
and  the  custom  is  Hkely  to  become  altogether  extinct. 

According  to  the  ritual,  the  Senior  Warden  is 
charged  with  the  superintendence  of  the  Craft  while 
at  labor,  and  particularly  with  the  preservation  of 
harmony  by  certain  acts  therein  specified. 

By  the  same  authority,  and  in  virtue  of  his  installa- 
tion charge,  to  the  Jimior  Warden  is  committed  the 
superintendence  of  the  Craft  during  the  hours  of 
refreshment.  From  this  has  arisen  the  practice — 
for  there  is  no  written  law  on  the  subject — of  requiring 
that  all  complaints  against  the  brethren  for  infraction 
of  our  laws  should  be  presented  to  the  Lodge  through 
him.  This  custom  is  now  becoming  general,  and  is 
every  way  to  be  commended ;  for  if  he  is  responsible 
for  the  proper  conduct  of  the  Craft  while  under  his 
charge,  when  at  refreshment  or  during  the  recess  of 
the  Lodge,  it  is  but  fair  that  he  should  present  all 
complaints  against  them  for  infractions  of  the  law 


MASONIC   JURISPRUDENCE.  121 

oommitted  during  that  time.  It  was  the  custom, 
within  our  experience,  for  the  Junior  Warden  to  per- 
form the  duty  now  assigned  to  the  Senior  Deacon,  in 
the  admission  of  visitors  and  the  reception  of  candi- 
dates ;  and  we  recollect,  too,  that  in  some  Lodges  we 
have  visited,  the  "Wardens  had  truncheons,  instead  of 
columns.  How  the  change  has  been  brought  about, 
we  cannot  say.  In  the  French  rite,  the  Wardens  sit 
together  in  the  West,  and  each  has  beside  him  one 
of  the  large  columns,  and,  technically,  the  brethren 
on  either  side  of  the  hall,  under  their  superintend- 
ence, are  said  to  be  their  columns. 

In  the  absence  of  the  Master,  the  Senior  Warden 
succeeds  to  his  place,  but  it  does  not  follow  that  the 
Junior  Warden  thereby  proceeds  to  occupy  the  Se- 
nior Warden's  vacant  station.  The  Junior  Warden 
has  certain  well-defined  duties,  which,  by  his  installa- 
tion, he  is  bound  to  perform ;  among  these  is  no  pro- 
vision for  his  occupancy  of  a  higher  station,  save  in 
the  absence  of  both  his  superiors,  when  he  proceeds 
to  the  East,  and  becomes  acting  Master.  When,  in 
the  absence  of  the  Master,  the  Senior  Warden  as- 
sumes the  Chair,  the  prerogative  of  appointment 
vests  in  him,  and  he  proceeds  to  fill  his  own  vacant 
station  by  the  appointment  of  a  Senior  Warden  pro 
tern. 

Finally,  in  the  absence  of  the  Master  and  Wardens, 
6 


122  PRINCIPLES  AND  PRACTICE  OF 

it  is  now  held  that  the  Lodge  cannot  be  opened,  be- 
cause there  is  no  one  authorized  to  congregate  the 
brethren.  We  have  ahready  shown  that,  even  if  we 
admit  the  power  of  a  Past  Master  to  preside,  he  can- 
not do  so  until  one  of  the  Wardens  has  congregated 
the  Lodge,  and  that  is  a  power  they  cannot  delegate. 
The  Wardens  cannot  resign;  and  in  case  of  a 
vacancy  in  their  offices,  by  death,  suspension  or 
expulsion,  no  election  can  be  had  to  fill  it,  until  the 
"  regular  time  of  choosing."  They  cannot  resign,  for 
the  same  reason  that  governs  the  Master,  and,  in  fact, 
all  the  elected  officers  of  the  Lodge,  because  at  their 
installation  they  have  voluntarily  promised  to  faith- 
fully discharge  the  duties  of  their  stations  for  the 
term  of  one  year ;  to  resign,  would  be  to  set  this 
promise  at  naught,  besides  making  the  Lodge  a  party 
to  the  violation  of  a  phghted  word,  and  subjecting  it 
to  great  inconvenience.  Moreover,  it  is  the  preroga- 
tive of  the  Master  to  fill  such  vacancies  by  temporary 
appointments — it  being  understood,  as  a  matter  of 
course,  that  the  brethren  so  appointed  would  exercise 
no  powers,  save  that  of  assisting  the  Master  during 
the  meeting  for  which  they  might  be  appointed.  Li 
case  of  a  session  of  the  Grand  Lodge,  these  appoint- 
ees would  not  be  representatives,  but  the  Lodge 
would  lose  nothing  thereby,  for,  as  already  said,  the 
Master  would  cast  the  votes  of  the  absent  Wardens. 


MASONIC   JUEISPKUDENCE.  123 

THE    TREASURER. 

In  the  thirteenth  of  the  Regulations  of  1721,  it  is 
suggestively  required  that  "  the  Treasurer  should  be 
a  man  of  good  worldly  substance ;"  and  this,  although 
referring  to  the  Treasurer  of  the  Grand  Lodge,  would 
seem  to  apply  with  equal  force  to  the  corresponding 
officer  in  a  subordinate  one ;  for  there  is  no  trust 
connected  with  the  Lodge  business  which,  as  a  gen- 
eral thing,  is  so  well  understood  by  the  brethren  as 
its  financial  concerns.  "With  greater  tact,  however, 
than  the  ancients,  we  do  not  now  so  much  regard 
worldly  substance  as  uprightness  and  sterling  honesty 
of  character,  which  are  considered  better  security 
than  mere  wealth,  especially  as  the  Lodge,  not  being 
recognized  in  law,  there  is  no  legal  remedy  against  a 
delinquent  Treasurer.  The  Lodges  in  this  country 
give  with  a  liberal  hand,  when  a  case  of  actual  dis- 
tress is  brought  to  their  knowledge ;  they  take  delight 
in  real  jewels,  and  expensive  furniture  and  clothing ; 
the  consequence  of  which  is,  that  the  Treasurer  is 
rarely  overburdened  with  such  an  amount  of  money 
as  to  be  Hkely,  even  if  poor,  to  forfeit  the  reputation 
of  a  Hf e-time  by  yielding  to  the  temptation  of  appro- 
priating to  his  own  use  the  contents  of  the  Lodge 
treasury.  But  even  the  comparatively  small  balance 
which,  as  a  general  thing,  stands  to  the  Lodge  credit, 


124  PRINCIPLES  AND  PRACTICE  OF 

is  not  left  wholly  to  the  keeping  of  the  Treasurer, 
but,  through  the  agency  of  Trustees,  is  placed  in 
some  public  institution,  where,  in  case  of  need,  it 
may  be  called  for,  with  a  tolerable  certainty  that  it 
will  be  forthcoming. 

The  office  of  Treasurer  is  of  modem  date,  as  may 
be  seen  from  the  fact,  that  so  late  as  1723,  it  was 
required  that  an  Apprentice,  at  his  making,  should 
give  something  to  be  used  for  charitable  purposes, 
which  amount  was  to  be  taken  in  charge  by  the  Mas- 
ter or  Wardens,  or  the  CasTiier^  if  the  members  saw 
fit  to  appoint  one, — the  office  being  evidently  of  a 
temporary  nature,  and  the  Cashier  to  be  appointed 
or  not,  as  the  brethren  saw  fit.  Since  that  time,  how- 
ever, the  importance  of  the  office  of  Treasurer  has  so 
much  increased,  that  he  ranks  immediately  after  the 
"Wardens,  and  in  English  Lodges  is  the  only  officer, 
except  the  Master,  required  to  be  elected  by  ballot. 
His  duties  are  fully  set  forth  in  the  Installation 
Charge,  and  are  entirely  connected  with  the  Lodge 
finances. 

Under  the  general  rule,  that  the  elected  officers 
cannot  resign,  no  vacancy  can  occur  in  this  office ; 
but,  in  some  jurisdictions,  the  Grand  Lodge  Kegula- 
tions  allow  any  officer,  except  the  Master  and  Ward- 
ens, to  vacate  their  offices  by  resignation.  In  such 
cases,  the  local  statute  will  necessarily  govern. 


Of  THE 

^       Of  /    MASONIC  JUEISPRUDENCE.  125 


THE    SECRETARY. 

We  regard  the  office  of  Secretary  as,  under  our 
present  organization,  one  of  the  most  important  in 
the  Lodge.  Like  that  of  Treasurer,  it  can  only  be 
said  to  date  from  the  revival  of  Masonry  in  1717,  the 
desultory  manner  in  which  Lodge  meetings  were 
held  previous  to  that  time  requiting  no  minutes,  and 
therefore  no  Secretary:  in  Article  III.  of  the  Old 
Regulations,  to  which  we  so  frequently  refer,  there 
is,  however,  a  provision  for  the  appointment  of  some 
brother  to  keep,  among  other  books,  one  in  which 
shall  be  aU  the  transactions  proper  to  be  written. 
This  sufficiently  describes  the  duty  of  the  Secretary 
to  show  that,  when  Lodges  assumed  a  regular  organ- 
ization under  "Warrants,  his  office  became  necessary 
to  the  preservation  of  the  Lodge  history  and  the 
prevention  of  confusion  in  its  labors,  and  it  is  par- 
ticularly on  this  ground  that  we  consider  him  an  im- 
portant officer.  The  Lodge  records  are  its  current 
history,  and,  if  well  and  neatly  kept,  ought  to  be  a 
source  of  pride  to  the  Lodge  and  of  satisfaction  to 
the  Secretary,  who  should  bear  in  mind  that  the  lines 
he  traces  will  live  when  the  hand  that  made  them  is 
forgotten  ;  that  his  children's  children,  grown  to  old 
men,  may  look  upon  his  handiwork,  and  be  grateful 
that,  through  it,  the  remembrance  of  the  Lodge  and 


126  PRINCIPLES  AND   PRACTICE   OP 

those  who  had  guided  its  progi'ess  had  been  pre- 
served. We  have  examined  the  minutes  of  some  of 
our  old  Lodges  (still  in  existence),  written  more  than 
a  century  ago,  the  paper  tui'ned  yellow  and  the 
ink  brown,  but  the  language  famihar  as  though 
inscribed  but  yesterday,  and  it  has  seemed  that 
the  very  letters  were  links  binding  us  with  the  past, 
and  proclaiming  the  abiding  and  imperishable  nature 
of  our  institution.  It  would,  then,  be  well  for  every 
Secretary  of  a  Lodge  to  feel  as  if,  in  writing  his 
minutes,  he  were  making  history — carving,  as  it  were, 
with  his  pen,  an  imfading  record  of  his  Lodge  and 
himseK.  La  the  discharge  of  his  duties,  which  are 
purely  clerical,  he  should  exhibit  order,  neatness  and 
punctuality.  By  this,  we  mean  that  he  should  have 
not  only  a  place  for  every  thing,  but  a  regular  system 
of  doing  business ;  avoiding  the  slovenly  fashion  of 
writing  his  minutes  on  odd  scraps  of  paper,  to  be 
found  or  not  when  needed,  as  the  case  may  be ;  the 
use  of  hieroglyphics  that  none  but  himseK  can  read ; 
the  bad  habit  of  entering  his  minutes  on  the  final 
record,  as  the  events  occur,  without  waiting  for  the 
confirmation  of  the  Lodge,  and  thus  incurring  the 
risk  of  erasures  and  interlineations,  just  as  much  out 
of  place  there  as  they  would  be  in  a  merchant's  leger ; 
the  trouble-breeding  habit  of  trusting  to  memory — 
which  is  always  sure  to  desert  him  when  its  services 


MASONIC   JUKISPRUDENCE.  127 

are  most  needed — ^particularly  with  reference  to  the 
collection  of  money.  All  the  money  of  the  Lodge 
necessarily  passes  through  his  hands  :  he  should  not 
only  enter  the  amount  received,  in  his  cash-book,  at 
the  time,  but  he  should  also  give  his  receipt  for  it, 
taking  care  also  to  exact  a  receipt  from  the  Treasurer 
when  he  pays  the  funds  over  to  him.  It  has  been 
frequently  urged  in  our  presence  that  among  Masons 
there  should  be  no  receipts  exacted  or  given,  which 
might  be  correct,  if  Masons  were  perfect ;  but  as  they 
are  not  exempt  from  the  ordinary  failings  of  humani- 
ty, it  follows  that  the  best-intentioned  will  sometimes 
make  mistakes.  Now,  there  is  scarcely  any  mistake 
about  which  it  is  so  difficult  to  con\dnce  a  man  as 
one  in  which  the  payment  of  money  is  involved.  It 
is  far  from  unfrequent  for  a  member  to  insist  that  he 
has  paid  dues  for  a  certain  time,  while  the  Secretary, 
finding  no  corresponding  entry  on  his  books,  holds 
the  opposite  opinion  with  equal  tenacity ;  ill  feeling 
is  often  engendered,  and  a  lurking  suspicion  soon 
finds  a  place  in  the  hearts  of  the  disputants ;  all  of 
which  may  and  should  be  prevented  by  the  presenta- 
tion of  the  Secretary's  receipt,  given  at  the  time  of 
payment. 

It  is  customary,  in  the  various  foreign  rites,  to  ap- 
point an  officer,  known  as  the  Keeper  of  Seals  and 
Archives,  who  takes  charge  of  all  documents  relating 


128  PEINCIPLES  AND    PRACTICE  OP 

to  the  Lodge  or  its  aflfairs,  and  who  has  also  the  Seal, 
which  he  alone  is  authorized  to  apply  to  all  papers 
emanating  from  the  Lodge  or  the  Secretary.  Among 
us,  however,  the  Secretary  has  custody  of  the  seal, 
and  its  application  to  the  documents  ordered  by  the 
Lodge  is  a  prerogative  of  his  office. 

Finally,  we  find  the  duty  of  the  Secretary  correctly 
summed  up  in  the  maxim,  "  That  it  does  not  so  much 
matter  what  the  Lodge  does,  as  what  the  Secretary 
records."  He  is  to  observe  the  will  and  pleasure  of 
the  Worshipful  Master,  and  keep  a  just  and  true  ac- 
count of  all  things  lawful  to  be  written. 

THE   DEAC01V8. 

There  seems  to  be  some  question  as  to  when  the 
functions  of  the  officers  in  Lodge,  whom  we  style 
Beacons,  were  first  made  a  part  of  our  ritual.  Dr. 
Oliver  appears  to  think  their  introduction  as  com- 
paratively modern.  One  thing  is  certain,  which  is, 
that  the  part  of  the  ritual  assigned  to  the  Senior 
Deacon  is  becoming  greatly  extended,  and  that,  by 
apparently  common  consent,  he  now  performs  duties 
formerly  devolving  on  the  Junior  Warden.  The 
method  of  their  appointment  varies  in  different  local- 
ities :  in  some,  the  Lodge  elects ;  in  others,  the  Master 
appoints ;  and,  again,  in  others,  the  Master  appoints 
the  Senior,  and  the  Senior  Warden  the  Junior  Deacon. 


MASONIC   JURISPBUDENCE.  129 

With  their  duties  in  the  services  of  the  ritual,  we 
have  nothing  to  do  here ;  their  remaining  ones  are 
principally  to  act, — the  Senior  Deacon  as  the  proxy 
of  the  Master,  by  carrying  messages  for  him  about 
the  Lodge,  as  desired ;  and  the  Junior  Deacon,  in  a 
like  capacity,  for  the  Senior  Warden.  The  Senior 
Deacon  is  placed  at  the  right,  and  near  the  Master, 
that  he  may  be  ready  to  attend  to  his  commands 
whenever  issued.  The  Junior  Deacon  takes  his  po- 
sition at  the  right  of  the  Senior  Warden,  and  is  spe- 
cially charged  with  the  supervision  of  the  outer  door ; 
it  being  his  province  to  see  that  none  pass  or  repass 
without  the  needful  permission.  The  distinguishing 
feature  of  the  Senior  Deacon's  office  is,  that  it  de- 
volves upon  him  the  reception  of  visiting  brethren ; 
and  we  here  trespass  on  the  good-nature  of  the  reader 
to  express  a  thought  or  two,  which  occur  to  us  in  this 
connection.  Among  the  first  things  a  brother  does, 
on  going  to  a  strange  place,  is  to  ascertain  the  time 
and  place  of  the  Lodge  meeting,  and  one  of  the  plea- 
sures he  enjoys  by  anticipation  is  that  of  communing 
with  the  brethren  in  their  Temple.  Knowing  this  to 
be  the  case,  it  would  naturally  be  supposed  that  the 
rites  of  hospitality  would  be  administered  with  un- 
usual grace;  that  the  amenities  of  such  occasions 
would  be  found  attending  the  visiting  brother,  from 
the  announcement  of  his  name  till  he  is  prepared  to 


130        PRINCIPLES  AND  PRACTICE  OP 

go  forth  again  to  the  outer  world.  In  Europe,  such 
is  the  case,  and  Eui'opean  Masons  in  this  country  are 
generally  distinguished  for  the  affabihty  with  which 
they  receive  and  greet  a  visiting  brother.  But  in 
American  Lodges,  the  case  is  too  often  widely  differ- 
ent, and  the  contrast  does  not  place  us  in  the  most 
enviable  light.  When,  among  us,  a  visitor  is  an- 
nounced, he  is  received,  if  a  distinguished  brother, 
with  all  the  formal  honors  due  to  his  position,  but 
rarely  anything  farther ;  if  merely  a  lay  brother,  he 
is,  if  known  or  vouched  for,  admitted,  but  is  allowed 
to  find  accommodations  as  best  he  may ;  if  the  badge 
of  labor  be  absent,  he  is  very  likely  to  be  promptly 
admonished  of  that  fact  by  the  Master,  as  he  will 
also  be,  if  he  omit  any  portion  of  the  ceremonial  ob- 
servance depending  on  him,  which  is  correct  enough, 
but  sometimes  sadly  embarrassing  to  a  young  Mason, 
to  a  timid  one,  or  one  who  essays  for  the  first  time 
to  put  into"  practice  the  inculcations  of  the  ritual. 
We  need  a  Httle  more  pohteness — a  larger  degree  of 
that  suavity  which  makes  a  bashful  man  feel  at  ease, 
and  warms  the  heart  of  the  stranger  as  though  he 
were  meeting  with  old  friends.  When  a  person  calls 
upon  us,  at  our  house,  we  receive  him  in  the  best 
room,  lead  him  to  the  best  place  in  it,  and  make  it 
our  business  to  know  that  he  is  as  comfortable  as  it 
is  in  our  power  to  make  him.     When  we  go  abroad, 


MASONIC  JURISPRUDENCE.  131 

we  expect  similar  attentions,  and  we  mentally  write 
that  man  down  for  a  boor  who  is  so  far  unacquainted 
with  the  customs  of  society  as  to  neglect  them.  Now, 
the  lodge-room  is  our  Masonic  home,  and  the  polite- 
ness that  we  feel  called  upon  to  exercise  in  the  do- 
mestic circle,  ought  to  be  equally  manifest  there.  We 
should  endeavor  to  make  the  visitor  feel  that  we  are 
glad  to  see  him,  glad  to  have  him  participate  in  the 
pleasant  moments  of  our  gathering,  make  him  so 
enjoy  his  visit,  that  he  will  gladly  seek  an  opportunity 
to  renew  it;  that,  at  least,  he  will  remember  with 
pleasure  his  call  at  our  assembly.  AU  this  can  be 
done  in  the  legitimate  exercise  of  the  functions  of 
the  Senior  Deacon ;  and  it  is  worth  while  for  that 
officer  to  seek  distinction,  not  only  for  his  prompti- 
tude in  obeying  the  orders  of  his  superior,  but  also 
for  the  geniality  of  his  reception  of  visiting  brethren. 

THE  STEWARDS,   or  ISiSTERS  OF  CEBEiHOlllIES. 

In  the  olden  times,  it  was  customary  for  Lodges  to 
terminate  their  assemblies  by  a  season  of  social  en- 
joyment. In  England,  where  the  custom  originated, 
it  still  prevails,  and  is  commonly  referred  to  as  the 
"  Knife-and-Fork  degree."  Less  than  half  a  century 
ago,  the  American  Lodges  considered  their  meetings 
incomplete  without  the  table  were  spread  in  the  ante- 
room, and  the  brethren  furnished  an  opportunity  to 


132        PRINCIPLES  AND  PRACTICE  OP 

refresh  themselves  before  departing  for  their  homes. 
The  wealthier  Lodges  had  a  regular  commissariat, 
bought  their  stores  at  wholesale,  and  were  always 
prepared  to  call  from  labor  to  refreshment,  in  the 
actual  sense  of  the  word ;  relics  of  which  custom  may 
still  be  met  with  in  the  shape  of  brightly-poHshed 
coffee-urns,  inclosed  in  glass,  and  suspended  on  the 
North  wall  of  the  Lodge-room.  Among  a  people  who 
push  things  to  such  extremes  as  we  do,  conviviality 
must  necessarily  be  abused,  and  that  it  was  so,  even 
when  it  flourished,  we  find  from  the  songs  pubhshed 
for  use  on  those  occasions,  among  which  are  several 
containing  sneering  allusions  to  those  "  who  only  go 
to  Lodge  to  eat  and  drink."  The  practice,  we  are 
happy  to  say,  has  now  fallen  into  disuse ;  the  senti- 
ment of  the  Craft  is  against  it ;  and,  that  it  may  not 
be  renewed,  some  at  least  of  the  Grand  Lodges  have 
forbidden  by  statute  the  introduction  into  the  lodge- 
room  or  its  precincts  of  any  refreshment  but  water. 

In  those  days,  the  Stewards  were  officers  of  great 
importance,  being  charged,  as  the  name  impHes,  with 
the  duty  of  procuring  the  suppKes  and  dispensing 
them  to  the  brethren  as  occasion  required.  Li  addi- 
tion to  the  principal  duties  of  their  office,  they  w^ere 
also  required  to  assist  the  other  officers  in  the  recep- 
tion of  visiting  brethren,  in  the  ceremonies  pertain- 
ing to  the  several  degrees,  and  in  the  dispensation  of 


MASONIC  JURISPRUDENCE.  133 

the  Lodge  charities  *  The  office  is  still  nominally 
retained  in  a  majority  of  all  the  Lodges  working  in 
the  so-called  Yorh  rite^  but  in  some  jurisdictions  the 
name  of  Master  of  Ceremonies  is  substituted,  and  it  is 
probable  that  at  no  distant  day  that  will  become  the 
accepted  title  of  the  officers  in  question.  With  the 
change  of  name,  there  has  been  some  change  in  the 
routine  of  their  duties.  They  do  not  nowjnake  any 
preparation  for  refreshments,  nor  do  they  have  any- 
thing to  do  with  the  collection  of  dues,  that  being 
entirely  in  the  hands  of  the  Secretary,  but  in  the 
reception  of  visitors  and  candidates,  they  are  of  great 
importance.  Our  remarks  on  the  attention  to  visit- 
ors, in  the  preceding  section,  will  apply  with  equal 
force  to  these  officers :  their  polite  attentions  and 
fraternal  greetings  on  such  occasions  will  rarely  fail 
of  appreciation  by  those  to  whom  they  are  addressed ; 
so,  too,  with  candidates  :  if  the  duties  of  the  Masters 
of  Ceremonies  are  discharged  in  a  courteous  and 

*  In  the  Webb  installation  sernce,  (edition  of  1816,)  the  duties 
of  the  Stewards  are  defined  to  be,  *'To  assist  in  the  collection  of 
dues  and  subscriptions,  to  keep  an  account  of  the  Lodge  expenses, 
to  see  that  the  tables  are  properly  furnished  at  refreshment,  and 
that  every  brother  is  suitably  provided  for  ;  and  generally  to  assist 
the  Deacons  and  other  officers  in  performing  their  respective  du- 
ties." Nothing  is  said  of  Masters  of  Ceremonies,  which  fact  suffi- 
ciently demonstrates  that  the  change  of  name  is  one  of  extremely 
modern  invention. 


134  PRINCIPLES  AND   PRACTICE    OF 

kindly  manner,  the  effect  to  be  thereby  produced  on 
the  mind  of  the  novice  will  be  correspondingly  favor- 
able ;  and,  from  this  point  of  view,  it  is  clearly  the 
duty  of  the  Master,  in  the  appointment  of  these 
officers,  to  select  brethren  who  by  their  manners  are 
capable  of  inducing  a  favorable  opinion  of  the  Lodge 
in  whose  behalf  they  act,  and  of  the  Fraternity  in 
general. 

THE    TTLER. 

This  is  one  of  the  four  indispensable  officers  of  a 
Lodge,  and  one  whose  functions  and  responsibilities 
have  undergone  no  change.*  He  is  generally,  except 
where  the  By-laws  provide  a  different  method,  ap- 
pointed by  the  Master,  and,  from  the  necessities  of 
his  position,  takes  no  part  in  the  business  of  the 
Lodge,  and  is  not  required  to  be  a  member  of  the 
Lodge  for  which  he  acts.  The  very  first  duty  of  the 
brethren,  when  about  to  commence  their  labors,  is  to 
be  certain  that  the  Tyler  is  at  his  post ;  for  without 
that  certainty,  no  labor  could  be  felt  to  be  secure 
from  the  interruptions  of  cowans  and  eavesdroppers. 
He  is  the  sentinel  on  the  outposts,  upon  whose  sleep- 
less vigilance  we  depend  for  security.  But  while  he 
is  to  be  cautious  and  vigilant  in  preventing  the  ap- 

*  Except,  perhaps,  in  the  spelling  of  his  title — Ti-ler — a  mod- 
ernism against  which  we  respectfully  protest. 


MASONIC  JURISPRUDENCE.  135 

proach  of  those  who  have  not  the  necessary  qualifi- 
cations, he  should  also  be  courteous  in  his  demeanor 
to  all  who  may  have  occasion  to  address  him.  Po- 
liteness is  not  an  expensive  commodity,  and  every 
Tyler  may,  therefore,  provide  himself  with  an  abund- 
ant supply,  and  find  his  profit  in  using  it  freely.  The 
notion,  which  some  Tylers  we  have  met  with  seem  to 
entertain,  that  it  is  a  portion  of  their  duty  to  imitate 
the  fabled  Cerberus,  is  a  fallacy  that  ought  to  be 
exploded.  "We  have  read  of  an  executioner,  who  took 
off  the  heads  of  his  victims  with  the  most  winning 
affability,  and  we  know  of  no  reason  why  a  Tyler 
should  be  any  more  gruff  than  an  executioner.  Let 
him,  if  he  will,  imitate  the  conscript,  who  refused  to 
allow  the  Emperor  to  pass  without  the  countersign, 
but  let  him  do  it  in  a  becoming  manner,  suffering 
none  to  pass  without  permission,  but  not  acting  as 
though  he  were  bound  to  regard  every  one  approach- 
ing him  as  desirous  to  pass  his  station  at  all  hazards. 
The  Tyler  is  generally  required,  in  addition  to  the 
duty  of  guarding  the  outer  door,  to  serve  all  notices 
and  summons,  to  take  care  of  the  jewels  and  imple- 
ments against  next  preparation  night,  and  in  all 
things  to  be  guided  by  the  will  and  pleasure  of  the 
"Worshipful  Master. 


136  PRINCIPLES  AND  PRACTICE  OF 

« 

OTHER    OFFICERS. 

The  officers  above  enumerated  are  all  that,  strictly 
speaking,  can  be  said  to  be  required  in  a  Ma- 
sonic Lodge,  or  to  have  any  real  official  status  in  it ; 
but  while  these  are  necessary  to  make  a  perfect 
Lodge,  it  is  left  to  the  discretion  of  the  brethren  to 
name  others,  which  is,  in  most  cases,  done  to  give  a 
quasi  official  station  to  some  brother  or  brethren 
whom  the  Lodge  desire  in  that  way  to  honor.  Thus, 
when  a  minister  of  the  Gospel  is  initiated  in  or  affil- 
iates with  a  Lodge,  it  is  not  uncommon  for  the  Mas- 
ter to  appoint  him  Chaplain^  and  place  in  his  charge 
the  religious  ceremonies  of  the  society.  There  is  a 
propriety  in  this  that  commends  the  practice.  The 
prayers  and  invocations  of  the  ritual  are  more  solemn 
and  effective  when  pronounced  by  one  who  is  known 
to  have  received  holy  orders.  We  may  even  go  fur- 
ther, and  say  that,  when  it  is  possible  to  secure  the 
services  of  such  a  brother,  it  ought  always  to  be 
done ;  it  being  understood  that  if  he  really  love  Ma- 
sonry, he  will,  in  the  discharge  of  his  duties,  exem- 
plify only  "  that  Eeligion  in  which  all  men  agree," 
leaving  the  particular  opinions  of  the  brethren  to 
themselves. 

For  similar  reasons,  we  have  known  a  brother  to 
be  appointed  Pliysidan  to  his  Lodge.     We  could 


MASONIC  JUKISPRUDENCE.  137 

never  imagine  any  Masonic  reason  for  the  crea- 
tion of  such  an  office,  except,  perhaps,  that  his 
professional  talents  might  be  called  into  operation 
in  the  examination  of  the  physical  qualifications 
of  candidates. 

Some  Lodges  appoint  a  llarshal,  who  is  to  take 
charge  of  all  processions  and  public  ceremonials  of 
the  Lodge.  If  these  occasions  were  of  frequent  oc- 
currence— as,  happily,  they  are  not — it  might  be  well 
to  have  an  officer  who  would  make  himself  competent 
to  officiate ;  but  as  it  is,  when  Lodges  do  appear  in 
pubHc — as  at  a  funeral,  for  instance — a  temporary 
appointment  seems  to  answer  all  the  requirements. 

The  Board  of  Trustees,  though  not  really  officers, 
but  rather  a  kind  of  standing  committee,  occupy  most 
important  relations  to  the  Lodge,  particularly  when, 
by  a  long  and  successful  career,  its  funds  and  prop- 
erties have  accumulated  to  a  considerable  amount. 
Lodges,  under  our  civil  law,  not  being  incorporated, 
are  not  recognized  as  having  a  legal  status,  or  the 
rights  that  ensue  :  hence,  they  cannot  acquire  or 
dispose  of  real  estate,  or  invest  their  funds,  except 
through  the  agency  of  Trustees.  It  is,  therefore,  of 
moment  that  not  only  should  such  a  Board  exist,  but 
that  it  should  be  composed  of  prudent  and  discreet 
brethren,  who  will  appreciate  the  confidential  nature 
of  the  trust  reposed  in  them,  and  be  governed  not 


138  PRINCIPLES  AND   PRACTICE   OF 

only  by  a  high  sense  of  honor,  but  by  a  desu*e  to 
forward  the  best  interests  of  their  Lodge.  The  first 
and  strongest  claim  upon  the  capital  of  a  Masonic 
Lodge  is  that  of  a  worthy  brother  in  distress,  or  that 
of  his  widow  or  orphans  in  destitute  circumstances. 
Money  for  such  a  purpose  loses  its  ordinary  charac- 
ter, and  becomes  a  trust,  sacred  as  the  fires  of  Vesta, 
and  he  who  wrongfully  appropriates  or  carelessly 
administers  it,  acquires,  at  the  same  time,  the  con- 
tempt of  every  right-minded  Mason. 

It  is  usual  for  the  Lodge  property  to  be  placed  in 
the  custody  of  the  Trustees,  and  they  also  receive  and 
invest,  as  the  Lodge  may  direct,  all  its  surplus  funds. 

The  manner  of  their  appointment  and  their  tenure 
of  office  depend  altogether  upon  the  By-laws  of  the 
Lodge. 

SECTION  XL -ELECTIONS. 

Of  the  officers  named  in  the  preceding  section,  the 
Master,  Wardens,  Treasurer,  and  Secretary  are,  as  a 
general  rule,  required  to  be  elected  by  ballot.  The 
others  are  elected  or  appointed,  as  the  Constitution 
of  the  Grand  Lodge  may  permit  or  the  By-laws  direct. 
In  England,  only  the  Master  and  Treasurer  are  elected 
by  ballot,  the  remaining  officers,  except  the  Tyler, 
being  appointed  by  the  Master. 

The  elections  are  required  to  be  held  annually,  at 


MASONIC   JURISPRUDENCE.  139 

such  time  as  may  be  prescribed  by  the  Eegulations 
of  tlie  Grand  Lodge ;  generally  at  tbe  stated  commu- 
nication next  preceding  the  festival  of  St.  John  the 
Evangelist  (27th  of  December),  though  in  some  cases 
on  the  day  of  the  festival  itself,  and  the  installation 
must  either  take  place  at  once,  or  within  some  rea- 
sonable period  thereafter.  Until  such  installation 
takes  place,  it  is  a  settled  rule  that  the  old  officers 
hold  over,  the  installation  being  the  completion  of 
the  election,  and  the  contract — so  to  speak — on  the 
part  of  the  officer  not  only  to  accept  the  election,  but 
faithfully  to  discharge  the  duties  of  his  office  for  the 
term  of  one  year,  or  until  his  successor  has  fulfilled 
the  like  conditions;  for  which  reason,  as  we  have 
already  stated,  an  installed  officer  cannot  and  ought 
not  to  resign.  It  is  doubtful  whether  there  is  any 
law  for  this,  older  than  the  present  century,  but  it  is 
a  regulation  universally  sanctioned  in  the  United 
States,  and  it  has,  therefore,  all  the  force  of  a  Land- 
mark. 

Should  a  Subordinate  Lodge,  from  any  cause,  fail 
to  comply  with  the  Grand  Lodge  Eegulations,  as  to 
the  time  of  election,  it  has  no  authority  within  itself 
to  correct  the  default,  but  must  apply  to  the  Grand 
Master  or  his  Deputy  for  a  Dispensation  to  authorize 
an  election  at  a  time  other  than  that  specified  in  the 
Constitution. 


140  PRINCIPLES  AND  PRACTICE  OP 

At  every  election,  each  member  of  the  Lodge  in 
good  standing  is  entitled  to  one  vote.  On  this  point, 
two  questions  have  been  extensively  argued : — Ist, 
Who  is  the  judge,  and  what  is  good  standing,  so  far 
as  it  is  applicable  to  voting  at  an  election  for  officers? 
and,  2d,  Are  blank  ballots,  cast  at  such  an  election, 
votes?  These  questions  are  of  sufficient  importance 
to  warrant  their  examination  in  this  place. 

It  is  held,  by  one  side,  that  a  member  is  in  good 
standing  for  all  purposes,  so  long  as  his  name  remains 
upon  the  roll,  or  so  long  as  he  has  not,  after  due  trial, 
been  suspended  or  expelled  for  immasonic  conduct : 
and  by  the  other — with  which  we  agree — that  a  Lodge 
has  a  right  to  inflict  a  lesser  penalty  than  suspension 
for  a  delinquency  that  may  be  provided  for  in  its  By- 
laws. It  is  admitted  that  a  Lodge  has  a  right  to  re- 
quire the  payment  of  an  annual  sum  (called  dues)  by 
each  of  its  members,  the  amount  of  which,  and  the 
manner  of  its  payment,  is  of  necessity  left  to  the 
Lodge.  In  Lodges  where  such  dues  are  exacted,* 
it  is  now  the  common  practice  to  insert  a  clause  in 
the  By-laws,  depriving  those  in  arrears  for  a  specified 
period  of  their  votes  at  elections  for  officers,  until 
such  arrearages  have  been  paid.  Now,  we  cannot 
understand  why,  if  a  Lodge  has  the  right  to  enact  a 

*  In  Khode  Island,  and,  we  think,  Connecticut,  the  members 
of  Lodges  are  not  required  to  pay  dues. 


MASONIC  JURISPRUDENCE.  141 

By-law  requiring  the  payment  of  dues,  it  should  not 
also  have  the  right  to  punish,  by  a  reasonable  penalty, 
a  neglect  or  refusal  to  comply  with  the  law.  Every 
Master  Mason  is  informed  at  his  raising  that,  after 
signing  the  By-laws,  he  will  be  considered  a  member 
in  good  standing,  entitled  to  all  the  rights  and  privi- 
leges of  the  Lodge,  and  subject  to  all  its  rules  and 
regulations.  The  Lodge  here  evidently  reserves  the 
right  to  judge  of  his  good  standing  in  the  future  by 
putting  him  in  mind  of  his  obligation  to  "  stand  to 
and  abide  by"  the  rules  and  regulations.  He  signs 
the  official  copy  of  the  By-laws,  in  token  of  his  assent 
to  their  provisions,  and  of  his  intention  to  maintain 
them ;  he  is  furnished  with  a  copy,  (and  if  he  does 
not  read  it,  the  fault  is  his,)  and  thus  he  is  fairly  held 
to  know  them,  (just  as,  in  the  State,  every  citizen  is 
assumed  to  know  the  law,  and  cannot  plead  ignorance 
of  it  as  a  justification  of  its  infraction,)  and  to  accept 
of  certain  privileges — among  which  is  the  right  to 
vote — on  condition  of  the  performance  of  certain  acts 
by  him.  It  is,  therefore,  submitted  that,  in  all  fair- 
ness, a  member  who  fails  or  neglects  to  pay  his  dues 
as  required  by  the  By-laws,  violates  a  promise  volun- 
tarily given  by  him,  and  has  no  right  to  complain  of 
the  enforcement  of  a  penalty,  which  he  had  likewise 
agreed  to  in  advance,  and  the  disability  accruing 
from  which  can  be  removed  at  once  by  the  payment 


142  PRINCIPLES   AND   PRACTICE   OF 

of  a  sum  justly  due.  It  will  be  understood,  as  a 
matter  of  course,  that  where  the  non-payment  arises 
from  positive  inability,  it  would  not  come  within  the 
terms  of  the  regulation,  because  it  would  then  be 
neither  refusal  nor  neglect.  The  right  to  vote  for 
the  officers  of  a  Lodge  is  evidently  a  household  mat- 
ter, and,  strictly  speaking,  concerns  only  the  members 
of  the  particular  Lodge  :  it  is  but  just,  therefore,  that 
they  should  control  a  subject  in  which  they  alone  are 
directly  interested. 

The  ballot  for  candidates  is  widely  different :  in 
that  case,  it  is  a  landmark  that  every  brother  present 
should  give  his  consent,  and  no  By-law  can  change 
a  fundamental  law ;  but  the  rules  governing  the  elec- 
tion of  officers,  being  of  modern  date,  are  subject  to 
no  such  restriction.  For  these  reasons,  we  are  of 
opinion  that  the  Lodge  is  the  judge  of  the  qualifica- 
tion of  its  own  voters,  and  that  a  brother  who  has 
willfully  neglected  or  refused  to  comply  with  the  By- 
law which  requires  the  payment  of  arrearages  as  a 
qualification  to  vote  at  an  election  for  officers,  is  not 
a  quaUfied  voter,  and,  to  that  extent,  not  in  good 
standing. 

Secondly.  Are  blank  ballots,  cast  at  an  election  for 
officers,  votes?  We  think  they  are,  and  our  reasons 
are  few,  and  easily  comprehended.  Let  us  first  ex- 
plain that,  by  a  ballot,  we  understand  a  sKp  of  paper, 


MASONIC  JURISPEUDENCE.  143 

when  the  election  is  for  officers ;  when  it  is  for  candi- 
dates, we  use  the  same  word  to  signify  white  and 
black  balls,  used  for  the  purpose  of  voting.  A  ballot 
represents  a  brother's  vote,  which  is  the  expression 
of  whatever  opinion  he  may  entertain,  and  which  he 
has  a  right  to  express  without  let  or  hindrance. 
Every  quahfied  voter  is  entitled  to  one  vote,  and  the 
successful  candidate  must  have  a  majority  of  all  the 
votes  cast.  Now,  suppose  an  election  about  to  take 
place,  the  first  thing  is  to  ascertain  the  number  of 
voters,  suppose  we  say  twenty,  of  which  eleven  would 
of  course  be  necessary  to  the  success  of  any  candi- 
date. The  roll  is  called,  and  every  brother  having 
deposited  his  ballot,  the  tellers  announce  twenty 
votes ;  they  proceed  to  canvass,  and  find  that  John 
Smith  has  ten  votes,  WilHam  Brown  nine,  and  that 
there  is  one  blank.  Under  these  circumstances,  there 
could  be  no  election;  for  no  one  could  be  said  to 
have  received  a  majority  of  all  the  votes  cast,  nor 
could  the  brother  who  deposited  the  blank  ballot  be 
lawfully  deprived  of  his  franchise  :  he  had  a  right  to 
vote  as  he  pleased,  and  because  there  was  no  name 
on  the  sHp  of  paper  used  by  him,  it  was  none  the 
less  his  vote,  and  had  been  formally  deposited  by  him 
as  such.  Suppose  that,  instead  of  an  absolute  blank, 
he  had  written  the  name  of  Mary  Smith  upon  it ; 
there  would  then  be  no  question  as  to  its  being  a 


144  PRINCIPLES  AND  PBACTICE  OF 

vote ;  yet  Mary  Smith  could  not,  by  any  possibility, 
be  a  candidate,  and  a  vote  for  such  a  personage  would 
be  just  as  much  a  vote  thrown  away,  as  a  blank  would 
be.  Take  another  view :  Suppose  Smith  to  have  re- 
ceived eleven  votes,  and  blank  nine.  Could  it  be 
pretended  that  Smith  would  be  unanimously  elected? 
Certainly  not ;  for  there  would  be  nine  voters,  who, 
although  they  did  not  choose  to  vote  for  any  one  else, 
clearly  did  not  vote  for  him,  and  yet  the  expression 
of  their  opinion  could  not  be  ignored.  The  true  rule 
is,  to  ascertain  the  whole  number  of  votes  cast,  and 
then  require  the  successful  candidate  to  have  received 
a  majority  of  that  number,  whether  the  minority  be 
blanks  or  otherwise.  When,  on  a  question  pending, 
the  vote  is  taken  by  ballot,  blank  ballots  are  always 
counted  as  in  the  afl&rmative. 

It  is  held  that,  as  nominations  for  office  are  permit- 
ted in  the  Grand  Lodge,  by  analogy,  it  is  proper  to 
nominate  in  the  subordinate.  As  there  is  no  law 
against  such  a  practice,  there  is  nothing  to  prevent 
it  but  the  good  sense  of  the  brethren,  which,  so  far  as 
our  experience  goes,  has  prevailed,  though  we  know 
there  are  jurisdictions  where  the  practice  of  nomina- 
tions is  common.  To  our  mind,  the  idea  of  making 
open  nominations  for  the  officers,  at  an  election  in  a 
particular  Lodge,  is  utterly  repugnant — at  complete 
variance  with  that  calm  dignity  which  ought  to  char- 


V 


MASONIC   JURISPRUDENCE.  145 

acterize  all  the  proceedings.  It  reduces  us  at  once 
to  the  level  of  the  ordinary  associations  of  men,  and 
divests  us  of  an  attribute  to  which  we  ought  to  cling 
with  immovable  tenacity.  Moreover,  it  is  a  practice 
for  which  necessity  cannot  be  urged.  The  custom  of 
caUing  off  for  a  few  moments,  previous  to  depositing 
the  ballots,  affords  an  opportunity  for  consultation, 
and  then,  labor  being  resumed,  the  silent  ballot  is 
more  in  accordance  with  the  spirit  of  the  Craft  than 
a  resort  to  the  practices  of  the  outside  world  could 
be.  We  have  been  present  at  a  great  many  elections 
in  Subordinate  Lodges,  but  never  yet  at  one  where 
open  nominations  were  made,  and  it  appears  to  us 
that  such  an  act  would  shock  our  idea  of  the  propri- 
eties of  such  occasions.  We  earnestly  hope  that  no 
Lodge  will  commence  the  practice,  and  that  those 
that  have  been  accustomed  to  it  will  see  the  propriety 
of  its  speedy  abandonment. 

Much  has  been  written  to  prove  that  a  brother 
elected  or  appointed  to  oJB&ce  is  bound  to  serve.  It 
is  sufficient  to  say,  that  there  is  no  law  for  such  as- 
sertion, but  that  every  Mason  is  free  to  accept  office 
or  not.  When,  however,  a  brother  has  been  chosen 
to  aid  in  the  labors  of  the  Lodge,  in  any  station  for 
which  his  capacities  fit  him,  he  ought,  if  possible, 
to  accept,  and  thus  prove  that  he  has  its  weKare  at 
heart. 
7 


146  PRINCIPLES  AND  PRACTICE   OF 

The  results  of  an  election  should  be  immediately 
communicated  by  the  Secretary  to  the  Grand  Secre- 
tary, under  his  official  seal. 

Elections  are  always  to  be  held  in  a  Lodge  opened 
on  the  third  degree. 

In  some  Lodges,  the  Treasurer  and  Secretary  are 
required  to  receive  and  canvass  the  ballots ;  but  it  is 
a  better  rule  to  appoint  tellers  from  among  the  breth- 
ren, leaving  the  officers  to  occupy  their  respective 
stations.   ^ 

SECTION  m.- INSTALLATION. 

The  ceremony  of  installation,  which,  as  we  have 
already  remarked,  is  the  completion  of  the  election, 
is,  therefore,  indispensable  to  the  officers  elect ;  for 
without  it  they  cannot  legally  enter  upon  the  duties 
of  their  respective  offices.  For  this  reason,  it  should 
be  performed  at  the  earliest  convenient  time  after 
the  completion  of  the  balloting. 

The  act  of  installation,  as  wiU  be  seen  by  reference 
to  the  Manucdy  consists  of  the  presentation  of  the 
officers  elect  to  the  installing  officer,  on  whose  demand 
the  brethren  acknowledge  that  they  are  the  persons 
elected,  and  that  they  (the  brethren)  remain  satisfied 
mth  their  choice.  (This  is  the  proper  time  to  make 
objections,  if  any  are  to  be  made,  against  any  irreg- 
ularity that  may  have  occurred  on  the  balloting ;  for 


MASONIC  JURISPRUDENCE.  147 

it  is  held  tliat  if  the  installation  be  allowed  to  proceed 
without  objection,  it  will  then  be  too  late  to  make 
complaint.)  In  a  covenant  by  the  officers  elect, 
faithfully  to  discharge  the  duties  of  the  several  trusts 
for  the  term  of  their  election.  In  the  pubHc  ac- 
knowledgment by  the  Master  elect  of  his  acceptance 
of  and  submission  to  the  Charges  and  Eegulations, 
as  Masters  have  done  in  all  ages  before  him.  In  an 
appropriate  Charge  to  the  Master  and  each  of  the 
officers.  And,  finally,  in  rendering  homage  and  due 
respect  to  the  new  officers. 

All  these  ceremonies,  except  the  qualification  of 
the  officers,  may  be  performed  in  public;  and  we 
speak  from  much  experience  when  we  say,  that  the 
effect  of  such  a  course,  where  properly  conducted,  is 
always  beneficial — as  tending  to  convince  the  world 
that  the  duties  and  responsibilities  exacted  of  our 
officers  are  of  a  nature  to  be  commended ;  that  we 
seek  to  maintain  no  greater  secrecy  as  to  our  pro- 
ceedings than  is  necessary  to  preserve  the  institution 
from  innovation ;  and,  as  having  a  tendency,  by  re- 
quiring the  officers  to  assume  their  trusts  in  the 
presence  of  their  families  and  friends,  to  impress 
with  greater  force  upon  their  minds  the  serious 
nature  of  their  undertaking.  PubHc  intallations  may 
be  enlivened  with  appropriate  music,  and  should  be 
accompanied  by  an  address,  in  which  the  nature  and 


148  PRINCIPLES  AND   PRACTICE   OF 

design  of  Freemasonry  and  other  kindred  subjects 
may  be  treated. 

It  is  the  province  of  the  retiring  Master  to  install 
his  successor,  but  he  may,  if  he  please,  delegate  this 
power  to  any  Past  Master,  but  not  to  any  brother  of 
inferior  rank ;  or,  if  desired,  the  new  Master,  after 
his  own  installation,  may  install  the  other  officers. 

There  are  some  who  hold  that,  in  case  of  reelection, 
no  installation  is  needed ;  but  when  we  reflect  that 
the  election  and  the  covenant  are  for  a  specified  term, 
we  must  admit  that,  with  the  close  of  the  term,  the 
obhgation  ends,  and  that,  therefore,  a  new  election, 
beginning  as  it  does  a  new  term,  requires  a  new 
covenant  and  a  corresponding  installation ;  nor  do 
we  appreciate  the  assertion  that  a  man  cannot  be  his 
own  successor ;  for  he  commences  the  new  term  just 
as  any  other  person  would,  or  just  as  if  he  had  never 
occupied  the  station  before.  We  apprehend  that 
where  a  President  of  the  United  States  or  the  Gov- 
ernor of  a  State  is  reelected,  he  is  required  to  again 
assume  the  oath  of  office,  as  though  he  had  never 
been  inaugurated  before,  and  the  cases  are  exactly 
parallel. 

There  are  some  jurisdictions  where  installation  is 
allowed  to  be  assumed  by  proxy.  The  majority  of 
Grand  Lodges  are,  however,  averse  to  such  proceed- 
ing ;  and  we  do  not  see  how  a  man  can  t^e  upon 


MASONIC   JURISPRUDENCE.  149 

himself  an  obligation  by  the  lips  of  another,  or  how 
he  could  be  legally  held  for  the  infraction  of  a  vow- 
he  had  not  personally  pronounced. 

Immediately  after  the  installation,  the  retiring 
officers  transfer  to  their  successors  all  the  books, 
money,  and  property  of  the  Lodge  that  may  have 
been  in  their  possession. 


%.o 


Of 


CHAPTEE   V. 

The  assemblies  of  a  Lodge,  teclmically  termed 
COMMUNICATIONS,  are  of  two  kinds — cdlled  and  stated. 

Called  meetings,  or  meetings  of  emergency,  are 
entirely  within  the  discretion  of  the  Master,  or  of  the 
Warden  acting  in  his  absence,  as  to  time,  but  they 
are  required  to  be  held  at  the  place  usually  occupied 
by  the  Lodge.  As  a  general  rule,  no  business  can 
be  transacted  at  such  meetings,  except  that  stated 
in  the  summons  or  call ;  but  there  are  some  things 
that  cannot  be  done  there,  even  if  mentioned  in 
the  summons:  as,  the  presentation  of  petitions  for 
initiation  or  adjoining ;  the  appointment  of  commit- 
tees to  act  on  such  petitions ;  the  ballot  on  report  of 
committees  of  investigation,  previously  appointed  at 
a  stated  communication ;  the  dispensation  of  charity, 
or  any  other  disposal  of  the  Lodge  funds.  This  last 
item,  and  perhaps  some  others,  may  be  considered  in 
a  called  Lodge,  but  they  can  only  be  finally  and  law- 
fully acted  upon  at  a  stated  communication.  Li  like 
manner,  the  minutes  may  be  read  and  corrected,  if 
necessary,  but  they  can  only  be  confirmed  at  a  fol- 


MASONIC  JURISPRUDENCE.  151 

lowing  regular  assembly.  The  legitimate  action  of  a 
called  meeting  may,  therefore,  be  said  to  be  limited 
to,  the  conferring  of  degrees  on  candidates  previ- 
ously regularly  elected,  the  giving  instruction  in  the 
work  and  lectures,  and  the  public  ceremonials  of  the 
Craft,  as  Dedications,  Installations,  and  the  burial  of 
the  dead. 

Stated  meetings  are  the  regular  assemblies  of  the 
Lodge  at  the  time  and  place  named  in  the  Warrant, 
and  more  particularly  specified  in  the  By-laws.  They 
should  occur  at  least  once  in  each  calendar  month, 
and  not  more  than  twice  in  the  same  period  of  time. 
We  are  aware  that  some  of  the  finest  and  most  flour- 
ishing Lodges  hold  weekly  communications ;  but  we 
think  that,  all  things  considered,  it  will  be  found 
wisest  not  to  make  too  frequent  calls  upon  the  time 
and  attention  of  the  members,  lest,  in  the  end,  they 
weary  of  a  pleasure  too  frequently  enjoyed,  and  little 
by  little  lose  their  interest  in  the  Lodge  and  in  the 
institution.  It  is  difficult  to  maintain  the  interest  in 
weekly  meetings,  except  by  a  constant  succession  of 
"  work,"  which  is  wearisome  to  the  officers  and  dan- 
gerous to  the  Lodge  ;  for  there  is  less  likelihood  of 
careful  examination  into  the  qualifications  of  candi- 
dates, and  of  due  proficiency  before  advancement, 
where  the  staple  attraction  is  the  conferring  of  de- 
grees, for  which  other  and  more  important  matters 


152  PRINCIPLES  AND   PRACTICE  OF 

must,  almost,  of  necessity,  be  sacrificed.  Let  us  not 
be  misunderstood :  we  do  not  assert  that  such  is  al- 
ways tlie  case,  but  that  it  is  so,  sometimes,  we  know ; 
that  it  may  be  so  frequently,  there  is  danger.  One 
evil  alone  that  grows  out  of  weekly  meetings,  more 
than  counterbalances  all  the  good  to  be  expected  of 
them,  and  that  is,  the  reception  of  a  petition  at  one 
meeting,  and  the  report  of  committee,  ballot  for, 
and  initiation  of  a  candidate  at  the  next ;  or  with 
the  lapse  of  only  seven  days  between  the  petition  of 
a  candidate  and  his  actual  initiation  into  the  Frater- 
nity. We  know  that  this  is  done  in  New  York,  and 
it  is  within  the  letter  of  the  Constitution,  but  it  is 
so  near  making  Masons  at  sight,  that  the  difference 
is  hardly  worth  mentioning.  Anything  less  than  a 
month  between  the  petition  and  the  ballot  is  a  viola- 
tion of  the  Old  Kegulations;  and  although  Grand 
Lodge  Constitutions  may  permit  an  abbreviation  of 
that  time.  Lodges  should,  for  their  own  safety  and 
stabihty,  waive  the  privilege,  and  act  upon  the  old 
law.  They  will  be  the  better  enabled  to  do  this,  by 
having  their  stated  meetings  less  frequently  than 
once  a  week.  Finally,  if  it  is  thought  indispensable 
to  hold  weekly  meetings,  let  the  first  one  in  each 
month  be  the  stated  communication,  devoted  to  the 
legislative  business  of  the  Lodge,  and  the  others, 
special  meetings  for  the  conferring  of  degrees  and 


MASONIC  JURISPRUDENCE.  163 

exemplification  of  tlie  work  and  lectures ;  both  the 
business  and  work  would  thus  stand  a  chance  of  being 
well  done,  and  the  value  of  the  maxim,  that "  Masonry 
is  never  in  a  hurry,"  be  made  manifest. 

The  first  business  at  all  meetings,  after  the  con- 
gregation of  the  Lodge,  is,  of  course,  the  formula  of 
opening,  which  we  take  occasion  to  say  should  never 
be  performed  in  a  slovenly  manner,  nor  hastily  slur- 
red over,  but  given  in  ample  detail,  for  the  benefit  of 
the  uninstructed  brethren,  and  for  the  credit  of  the 
Lodge  and  its  officers.  The  introduction  of  music 
in  this,  as  well  as  in  other  appropriate  portions  of  the 
ceremonies,  is,  in  our  judgment,  to  be  highly  com- 
mended. When  well  performed,  either  by  the  united 
voices  of  the  brethren,  or  with  the  accompaniment  of 
an  organ  or  harmonium,  it  seems  to  predispose  the 
mind  to  the  exercise  of  those  qualities  that  ought 
especially  to  distinguish  the  assembhes  of  the  Craft. 
There  are  those  who  object  to  it,  because  it  is  made 
the  means  of  introducing  some  inelegant  doggerel, 
but  we  are  inclined  to  regard  the  sentiment,  rather 
than  the  versification  of  what  we  sing :  if  the  idea 
sought  to  be  inculcated  is  correct,  and  the  music 
good,  the  rhyme  is  of  small  consequence. 

There  is  a  practice  in  many  Lodges  of  calling  the 
roll  of  officers  immediately  after  the  Lodge  is  declared 
open,  which,  although  it  has  no  legal  sanction,  is 


154  PRINCIPLES  AND   PRACTICE   OF 

nevertheless  not  without  its  use  as  an  inducement  to 
those  brethren  to  be  promptly  at  their  stations,  that 
they  may  answer  when  called,  and  by  their  example 
lead  the  members  generally  to  be  punctual  in  their 
attendance. 

The  business  of  the  meeting  always  commences  by 
the  reading  of  the  minutes  of  the  last  stated  com- 
munication, and  of  those  of  any  special  meeting  that 
may  have  intervened,  that  the  latter  may  be  approved, 
and  that  the  Lodge  may  be  governed  by  the  former 
as  to  any  unfinished  business  requiring  its  attention, 
as  reports  of  standing  or  special  committees,  or  any 
other  item  of  Lodge  business.  Li  this  respect,  the 
qualities  of  a  good  Secretary  will  at  once  be  mani- 
fested by  the  orderly  arrangement  of  the  various 
topics  that  may  have  been  acted  upon  at  the  previous 
communication.  Some  Secretaries  write  their  entire 
minutes  in  one  paragraph,  as  if  the  economy  of  half 
a  sheet  of  paper  that  might  be  consumed  in  properly 
displaying  them  would  materially  affect  the  Lodge 
revenues.  Properly,  each  item  should  form  a  sepa- 
rate paragraph,  and  when  one  is  finished,  a  blank 
line  should  be  left  before  commencing  another.  A 
wide  margin  is  also  to  be  recommended,  that  brief 
notes  may  be  written  opposite  the  important  para- 
graphs, to  indicate  their  tenor.  The  object  of  these 
marginal  notes  is,  to  enable  the  Secretary  or  others 


MASONIC  JURISPRUDENCE.  165 

to  discover  the  record  of  any  particular  circumstance 
without  being  obliged  to  read  through  the  whole  body 
of  the  minutes.  Brevity — that  is,  so  much  as  is  con- 
sistent with  clearness — ought  to  be  the  aim  of  the 
brother  who  writes  the  minutes ;  neatness  and  system 
in  their  arrangement  always  attract  commendation. 
At  the  bottom  of  the  last  page  of  the  minutes  of  each 
communication  should  be  entered,  in  fuU,  the  names 
of  all  brethren  who  have  paid  money  to  the  Secretary, 
and  opposite  to  their  names  the  amount  so  paid,  as 
also  the  items  of  disbursement  ordered  by  the  Lodge. 
These  items,  when  so  entered,  are  convenient  for 
reference ;  and  after  having  been  read  to  and  ap- 
proved by  the  Lodge,  are  vouchers  of  the  Secretary's 
correctness.  Finally,  the  Master  is  to  observe  that 
the  record  is  correct,  both  as  to  what  is  written  and 
what  is  omitted,  before  he  allows  it  to  be  confirmed. 
After  the  reading  of  the  minutes,  the  proper  oppor- 
tunity is  afforded  for  the  admission  of  visitors,  as  it 
can  then  be  done  with  less  interruption  to  the  pro- 
ceedings, than  when  the  Lodge  has  entered  upon  the 
transaction  of  its  regular  business.  No  alarm  should 
be  attended  to  during  the  ceremony  of  opening  or 
closing ;  during  the  reading  of  the  minutes ;  while  a 
brother  is  addressing  the  Lodge,  or  while  the  Master 
is  engaged  in  conferring  degrees;  nor  should  any 
countenance  be  given  to  the  practice  of  entering  or 


156  PRINCIPLES  AND   PRACTICE  OP 

retiring  from  the  Lodge  dining  the  most  solenm  paxt 
of  the  ceremonies.  A  proper  respect  for  the  Master 
and  the  proprieties  of  such  occasions  ought  in  them- 
selves to  be  a  sufficient  restraint ;  but  when  they  fail, 
the  authority  of  the  Master  should  at  once  be  inter- 
posed. Visitors  may,  of  course,  be  admitted  at  any 
time,  if  the  Master  choose  to  allow  it ;  but  it  is  better 
for  all  concerned  that  brethren  should  be  at  the  hall 
at  the  time  appointed  for  the  opening,  in  order  that 
they  may  be  examined,  if  necessary,  and  admitted  at 
an  early  period  of  the  communication. 

Behavior,  in  the  Lodge  and  out  of  it,  is  so  fully 
treated  in  the  sixth  of  the  Ancient  Charges,  that  we 
need  do  no  more  in  this  place  than  refer  to  that 
authority. 

The  method  of  voting  depends  upon  the  subject 
on  which  the  vote  is  to  be  taken :  thus,  in  elections 
of  candidates  and  officers,  ballots  are  used,  which,  in 
one  case,  are  slips  of  paper,  on  which  the  voter  writes 
his  preference,  or  which  he  leaves  blank ;  in  the  other, 
white  and  black  balls,  the  white  being  used  to  signify 
the  affirmative,  or  consent ;  the  black,  the  negative, 
or  rejection.  On  all  other  questions,  the  vote  is  usu- 
ally taken  by  uplifted  hands,  which,  if  required,  the 
Deacons  count.  Much  argument  has  been  wasted  in 
the  attempt  to  demonstrate  the  proper  hand  to  be 
aplifted — some  inclining  to  the  right ;  others,  with 


MASONIC   JUBISPRUDENCE.  157 

equal  plausibility,  to  the  left.  We  have  never  been 
able  to  perceive  that  it  makes  any  difference  which 
hand  is  used. 

Much  of  the  Lodge  business  is  performed,  in  its 
details,  by  reference  to  committees.  Committees  are 
of  two  kinds — standing  and  special.  Standing  com- 
mittees are  usually  appointed  on  electioii  night,  and 
serve  for  the  official  year — the  purpose  of  their  ap- 
pointment being  indicated  by  the  By-laws.  Special 
committees  are  named  as  occasion  may  require,  and 
are  generally  discharged  when  the  particular  item  of 
business  placed  in  their  charge  is  disposed  of.  All 
committees  are  appointed  by  the  Master,  unless  he 
waive  the  right.  It  is  the  custom  for  the  brother 
first  named  in  the  appointment  of  a  committee  to  act 
as  Chairman.  Reports  of  committees  should  always 
be  reduced  to  writing,  not  only  to  avoid  any  misun- 
derstanding as  to  their  sentiments,  but  for  the  con- 
venience of  the  Secretary  and  that  of  the  brethren. 
All  members  of  committees  are  in  honor  bound  to 
the  faithful  discharge  of  the  trust  imposed  on  them, 
and  should  make  their  report  with  all  proper  exacti- 
tude and  dispatch. 

In  the  discussions  that  sometimes  arise  in  a  Lodge 
it  is,  as  we  have  already  shown,  the  prerogative  of 
the  Master  to  mark  the  limits  of  debate,  and  keep 
the  brethren  within  them.    Few  men,  however,  aro 


168  PRINCIPLES  AND    PRACTICE    OP 

gifted  with  the  powers  of  discrimination  necessary  to 
the  exercise  of  so  difficult  a  supervision,  and,  there- 
fore, some  rules  are  sought  for  which  shall  suffice  to 
keep  the  debate  within  due  bounds,  and  their  ob- 
servance be  at  once  a  restraint  on  the  brethren  and 
an  assistance  to  the  presiding  officer.  The  mind 
thus  naturally  reverts  to  what  is  termed  "  Parhament- 
ary  law,"  and  the  question  arises,  "  How  far  may  it 
safely  be  used  in  the  business  of  a  Masonic  Lodge?" 
This  question  has  been  most  ably  and  satisfactorily 
answered  by  M.  W.  Bro.  Benjamin  B.  French,  in  an 
article  pubHshed  in  the  American  Quarterly  Eeview 
of  Freemasonry.  We  feel  that  we  are  doing  the 
Craft  a  service  by  transferring  to  these  pages  its 
most  important  suggestions. 

"No  body  of  men,"  (says  Bro.  French,)  "no  matter  how 
small,  or  how  well  disposed  to  be  orderly  it  may  be,  can  be 
kept  in  order  for  the  transaction  of  business,  and  the  debate 
which  necessarily  accompanies  it,  without  a  presiding  officer; 
and  no  presiding  officer,  be  his  talent  and  capacity  for  pre- 
siding what  they  may,  can  keep  order  unless  he  be  governed 
by  fixed  rules  and  principles,  admitted  to  be  binding  by  those 
over  whom  he  presides.  Therefore,  we  find  the  custom  to  be 
universal,  after  the  organization  of  any  assembly  of  individ- 
uals, of  adopting  rules  for  government,  by  which  they  impose 
a  duty  on  their  presiding  officer  of  administering,  and  on 
themselves  of  obeying,  the  rules  thus  made.     In  ordinary 


MASONIC  JUEISPRUDENCE.  159 

public  bodies,  these  rules  are  temporary,  lasting  only  during 
the  legal  existence  of  the  body  which  they  are  formed  to 
govern.  The  House  of  Representatives  of  the  United  States 
becomes  a  new  legislative  body  every  two  years,  and  is  only 
governed  by  the  general  parliamentary  law  until  either  the 
rules  of  the  preceding  House  are  adopted,  or  a  new  code 
formed.  The  Senate,  being  a  permanent  body,  is  always 
governed  by  the  same  rules  until  it  sees  fit  to  alter  or  renew 
them. 

'*  Masonic  bodies  are  somewhat  like  the  Senate,  in  this 
latter  particular.  When  once  formed,  they  remain  Lodges, 
Chapters,  etc.,  forever.  Therefore,  the  rules  and  regulations 
by  which  they  are  to  be  governed,  ought  to  be  permanent 
and  uniform.  I  have  noticed,  within  a  few  years,  a  new 
feature  adopted  by  some  of  the  governing  Masonic  bodies, 
in  the  formation  of  *  model  by-laws,'  on  which  the  Subordi- 
nates are  to  found  their  codes.  This  is  an  excellent  plan, 
inasmuch  as  it  tends  to  create  a  uniformity  of  government  in 
the  jurisdictions  wherein  it  operates.  But  by-laws  are  one 
thing,  and  rules  of  government,  while  the  body  is  assembled 
for  business,  another. 

"  My  design  in  this  paper  is  to  present  my  own  views  in 
relation  to  the  application  of  regular  parliamentary  law,  so 
far  as  it  will  apply  to  the  government  of  Masonic  bodies. 

"  The  term  Parliamentary  Law  originated  by  being  the 
designation  of  the  peculiar  law  which  governed  and  governs 
the  proceedings  of  the  British  Parliament.  Laws  and  rules 
adopted  by  that  body  became  by  degrees  the  governing  law 
of  all  deliberative  assemblies,  so  far  as  they  would  apply: 


160  PRINCIPLES  AND  PRACTICE  OP  ^ 

and  as  soon  as  our  forefathers  so  far  established  governments 
on  this  side  of  the  Atlantic  as  to  need  rules  and  regulations, 
they  adopted  those  of  the  mother-country ;  and  thus  the  law 
of  parliament  became,  in  a  measure,  the  governing  law  of 
American  deliberative  assemblies;  and  the  law  of  parliament 
has  come  to  be  a  general  term,  applicable  to  all  well-estab- 
lished rules  and  regulations  adopted  by  legislatures. 

"  The  dictum  of  Hatsell — the  best  English  authority  on 
precedents  extant — that  '  it  is  much  more  material  that  there 
should  be  a  rule  to  go  by,  than  what  that  rule  is,'  is  a  sound 
principle,  and  applies  as  well  to  the  government  of  a  Masonic 
Lodge  as  to  the  House  of  Commons  of  Great  Britain. 

"All  regular  meetings  of  Masonic  bodies  are  fixed  by  their 
by-laws,  and  the  records  of  the  body  should  always  show, 
either  that  the  meeting  was  held,  or  the  reason  why  it  was 
not.  It  is  well  known  to  every  well-informed  Freemason, 
that  a  certain  number  must  be  present  before  a  Lodge  can 
be  opened,  and  that  it  requires  also  the  presence  of  certain 
ofiBcers:  therefore,  no  parliamentary  rule  applies  to  the  con- 
vening of  a  Lodge.  The  rule,  that  a  faithful  record  shall  be 
kept  of  what  is  proper  to  be  written,  is  a  Masonic  one;  and 
the  period  of  no  regular  meeting  should  be  suffered  to  pass, 
even  though  the  Lodge  be  not  opened,  without  a  statement, 
as  full  as  may  be,  on  the  record-book,  giving  the  facts  as  they 
occurred,  that  when  the  proper  inspecting  oflBcer  makes  his 
annual  visit,  be  may  see  as  well  what  has  been  omitted  to  be 
done  that  ought  to  have  been  done,  and  the  reasons  therefor, 
as  what  has  actually  been  done. 

*'  The  Lodge  having  been  duly  opened,  it  becomes  at  onca 


MASONIC   JURISPRUDENCE.  161 

a  deaberative  assembly  for  any  business  that  may  legitimately 
come  before  it.  The  Master  is  the  presiding  officer,  and  the 
floor  is  open,  under  the  restrictions  of  the  by-laws,  to  any 
member  who  may  desire  to  submit  any  proposition  proper  for 
consideration.  And  here  the  parliamentary  rules  apply  in 
all  their  force. 

"I  will  here  quote  those  rules,  substituting  the  words 
'  Master '  and  '  Brother '  for  Speaker  and  Member. 

"  When  the  Master  is  seated  in  his  chair,  every  brother  is 
to  sit  in  his  place. 

"When  any  brother  means  to  speak,  he  is  to  stand  up  in 
his  place,  and  address  himself,  not  to  the  Lodge,  or  any  par- 
ticular brother,  but  to  the  Master,  who  calls  him  by  his  name, 
that  the  Lodge  may  take  notice  of  who  it  is  that  speaks. 

"When  a  brother  stands  up  to  speak,  no  question  is  to  be 
put;  but  he  is  to  be  heard. 

"  [This  rule  closes  with  the  words,  '  unless  the  House  over- 
rule him.'  It  is  not  customary  or  proper  for  the  Lodge  to 
overrule  any  brother  in  debate.  If  the  Master  deem  the 
debate  irrelevant,  he  has  full  power  to  call  the  brother  to 
order,  and  to  keep  him  within  the  bounds  of  order,  or  to 
silence  him  in  a  manner  known  only  to  Masons.  From  the 
Master's  decision  there  is  no  appeal  to  the  Lodge.]  " 

"  If  two  or  more  brethren  rise  to  speak  nearly  together, 
the  Master  determines  who  was  first  up,  and  calls  him  by 
name;  whereupon  he  proceeds,  unless  he  voluntarily  sits 
down,  and  gives  way  to  the  other. 

"  [Here  again  the  House  can  overrule  the  Speaker,  and 


162  PRINCIPLES  AND  PRACTICE  OP 

decide  which  member  was  first  up.     But  the  Lodge  cannot 
overrule  the  Master.] 

*'  By  the  parliamentary  law,  no  one  may  speak  more  than 
once,  to  the  same  question,  on  the  same  day.  This  is  a  very 
wholesome  provision,  and,  unless  there  be  some  particular 
provision  in  the  by-laws  touching  this  point,  it  would  be  well 
for  the  Master,  when  he  thinks  precious  time  is  being  wasted 
in  debate,  to  enforce  it.  This  is  a  matter,  however,  that  I 
consider  altogether  discretionary  with  the  Master,  and  in 
which  he  should  always  be  governed  by  the  peculiar  circum- 
stances of  the  time.  Explanation,  as  to  what  has  been  said, 
is  always  permitted. 

"  If  the  Master  rises  to  speak,  the  brother  standing  up 
must  sit  down,  that  he  may  be  first  heard. 

"  No  one  is  to  speak  impertinently  or  beside  the  question, 
superfluously  or  tediously. 

"  No  one  is  to  disturb  another  in  his  speech  by  hissing, 
coughing,  spitting,  or  whispering  to  another,  nor  to  stand  up 
or  interrupt  him;  nor  to  pass  between  the  Master  and  the 
speaking  brother,  nor  to  go  across  the  Lodge-room,  nor  to 
walk  up  and  down  it. 

"  If  a  brother,  in  debate,  use  any  improper  language,  any 
brothei>raay  call  him  to  order,  if  the  Master  do  not;  and  if 
there  is  any  dispute  as  to  the  language  used,  it  would  be 
well  to  have  the  language -taken  ^own  by  the  brother  calling 
to  order,  that  the  Master  may  consider  it  carefully  before 
coming  to  a  decision. 

"As  the  rules  of  Freemasonry  allow  no  appeal  from  the 
Master  to  the  Lodge,  it  behooves  every  Master  to  make  his 


MASONIC  JURISPRUDENCE.  163 

decisions  with  great  care,  and  after  full  consideration ;  and, 
although  no  appeal  can  be  taken,  the  Master  may,  before 
his  decision,  ask  experienced  members  of  the  Lodge  to  aid 
him  with  their  opinions,  and  they  are  bound  to  respond.  The 
Master  may,  if  he  see  fit,  express  an  opinion  to  the  Lodge, 
and  ask  its  advice,  prior  to  making  his  decision. 

"Any  brother  may  present  a  petition  to  the  Lodge,  if 
properly  signed  and  vouched,  at  the  time  when  petitions  are 
in  order,  or  he  may  hand  it  to  the  Secretary,  and  have  it 
presented  through  him.  After  it  is  received,  it  is  for  the 
Lodge  to  determine  what  is  to  be  done  with  it.  If  no  ques- 
tion is  made  by  any  brother,  the  petition  is  referred  to  the 
Master  as  a  matter  of  course;  and  when  reported  upon,  the 
report  is  open  to  amendment  and  debate,  and  to  final  action 
by  the  body  to  which  it  is  made. 

"Upon  the  presentation  of  a  petition,  any  brother  may 
raise  the  question,  and,  in  that  case,  the  Master  is  bound  to 
put  the  question:  'Shall  the  petition  be  received?'  If  not 
received,  no  further  action  can  be  had  relative  to  it,  and  it 
remains  in  the  hands  of  the  one  who  presented  it,  to  be  dis- 
posed of  as  he  thinks  proper." 

********* 

"  *  Committees  of  the  Whole*  are  out  of  place  in  a  Masonic 
body.  Lodges  can  only  do  business  with  the  Master  in  the 
chair ;  for,  let  who  will  preside,  he  is,  while  occupying  the 
chair.  Master — invested  with  supreme  command,  and  em- 
phatically 'governs  the  Lodge.'  Any  committee  presupposes 
a  '  Chairman,'  and  no  Freemason  would  feel  at  home,  were 
he  presided  over  by  a  '  Chairman.' " 


164  PRINOIPLES   AND  PRACTICE  OF 

"  There  is  a  difference  between  accepting  and  adopting  a 
report.  If  nothing  is  said,  it  is  considered  as  accepted  as 
soon  as  made.  If  it  closes  with  resolutions,  and  the  report 
itself  requires  no  definite  legislation,  the  question  is  on  agree- 
ing to  the  resolutions.  If  the  report  itself  embodies  legisla- 
tion, and  there  are  also  resolutions  attached,  the  question  is 
on  adopting  the  report,  and  agreeing  to  the  resolutions.  If 
no  resolutions  are  attached,  and  the  report  recommends  no 
action,  its  acceptance,  either  tacitly  or  by  a  vote,  disposes  of 
it.  If  it  requires  action,  then  a  vote  must  be  taken  on  its 
adoption,  to  make  it  binding.  If  it  is  upon  a  petition  for 
admission,  no  matter  whether  favorable  or  unfavorable,  the 
question  is  on  proceeding  to  ballot  for  the  candidate,  unless 
a  motion  is  made  to  dispose  of  the  report  in  some  other 
manner.*  Reports  may  be  recommitted  at  any  time  before 
the  final  action  upon  them."     *         *         *        ♦        * 

"  Motions,  in  a  Masonic  body,  are  governed  by  precisely 
the  same  rules  as  in  a  parliamentary  body.  Any  member  of 
the  body  can  make  a  motion,  and  it  must  be  seconded  by 
another  member,  (the  presiding  officer  can  second  it,  if  he 
pleases,)  before  it  is  in  possession  of  the  body.  If  in  order, 
of  which  the  presiding  officer  must  be  the  judge,  it  is  then 
debatable,  or  may  be  put  to  the  question,  if  no  debate  is 
offered.  If  the  presiding  officer  require  it,  all  motions  must 
be  put  in  writing  before  being  acted  upon. 

Resolutions  and  Orders  are  governed  by  precisely  the 

*  We  can  imagine  no  other  disposition  of  such  a  report,  except 
to  lie  upon  the  table  temporarily,  or  to  recommit  for  further  exam- 
ination. Its  final  disposition  must  be  by  ballot,  for  the  petition 
on  which  it  is  based  cannot  be  withdrawn. 


MASONIC  JUBISPEUDENCE.  165 

same  rules  as  motions;  they  are  often  only  motions  reduced 
to  writing:  for  instance,  a  brother  may  move  that  the  Lodge 
proceed  to  ballot  for  a  candidate,  or  he  may  introduce  a 
resolution  in  writing  to  do  the  same  thing.  Resolutions  gen- 
erally express  opinions,  and  motions  may  apply  to  resolutions, 
as  '  a  motion  to  amend,'  *  to  lie  upon  the  table,'  '  to  postpone,' 
etc.,  but  resolutions  cannot  apply  to  motions. 

"  Orders  are  only  used  when  the  body  commands,  as,  *  Or- 
dered,^  that  the  Secretary  do  so  and  so,  etc. 

** Freemasonry  knows  no  'previous  question/ and  no  Ma- 
sonic body  should  ever  tolerate  it."         *         *         * 

"  The  Masonic  rule  should  be,  that  where  well-settled  par- 
liamentary principles  can  be  properly  applied  to  the  action 
of  Masonic  bodies,  they  should  always  govern;  but  they 
should  never  be  introduced  where  they,  in  any  way,  interfere 
with  the  established  customs  or  landmarks  of  Masonry,  or 
with  the  high  prerogatives  of  the  Master." 

To  the  above  we  subjoin,  for  the  sake  of  complete- 
ness, the  following,  by  Dr.  Mackey  : 

When  a  motion  has  once  been  made,  and  carried  in  the 
affirmative  or  negative,  it  is  in  order  for  any  member  who 
voted  in  the  majority  to  move  for  a  reconsideration  thereof 
at  the  same  communication. 

When  an  amendment  is  proposed,  a  member  who  has 
already  spoken  to  the  main  question  may  again  speak  to  the 
amendment. 

When  a  blank  is  to  be  filled,  and  various  propositions 
have  been  made,  the  question  must  be  taken  first  on  the 
highest  sum  or  the  latest  time  proposed. 


166  PRINCIPLES  AND  PRACTICE  OF 

Any  member  may  call  for  a  division  of  the  question,  which 
division  will  take  place,  if  a  majority  of  the  members  consent. 

A  motion  to  lie  on  the  table  is  not  debatable. 

A  motion  to  adjoarn  is  unmasonic,  and  cannot  be  enter- 
tained. 

The  business  of  the  meeting  is  concluded  by  the 
reading  of  the  minutes,  in  order  that  any  errors  or 
omissions  may  be  corrected,  while  the  brethren  are 
present  who  have  taken  part  in  the  proceedings. 
They  are  then  approved,  which  being  done,  we  hold 
that  they  cannot  subsequently  be  altered,  even  though 
a  mistake  of  omission  or  commission  should  be  made 
manifest.  The  reason  is,  that  the  minutes  of  a  Lodge 
are  the  legal  record  of  its  transactions,  and  on  Ma- 
sonic trials  are  admitted  as  evidence :  if  they  were 
subject  to  alteration  at  will,  they  could  have  no  such 
value,  because  there  would  then  be  no  certainty  that 
the  minutes  produced  were  in  the  same  condition 
that  they  were  at  the  time  they  were  recorded. 
Where  a  palpable  error  is  ascertained,  it  can  be 
noted  in  the  minutes  of  the  next  communication, 
and  when  approved  by  the  Lodge,  will  stand  as  the 
legal  correction  of  the  former  minutes. 

Finally,  the  ceremony  of  closing  is  to  be  observed 
with  the  same  care  as  that  of  opening,  and,  as  before 
hinted,  it  should  be  the  endeavor  of  Master  and 
brethren  to  have  it  always  take  place  at  a  reasonably 
early  hour. 


or    THt 

,MiVERSlTY 


CHAPTEE   YI 


"We  have,  in  a  preyious  chapter,  stated  our  belief 
in  the  doctrine  that,  as  in  the  State,  the  original 
sovereignty  resides  in  the  people,  so  in  Masonry,  it 
belongs  to  the  members  of  the  subordinate  or  par- 
ticular Lodges,  but  the  extent  to  which  it  may  be 
exercised  by  its  original  custodians,  is  now  a  very 
different  matter  from  what  it  was  previous  to  the 
revival  of  1717.  At  that  period.  Lodges  being  merely 
temporary  gatherings  for  the  one  purpose  of  confer- 
ring the  E.  A.  degree,  membership  and  its  conse- 
quences, as  now  understood,  were  unknown.  Each 
individual  acted  for  himself,  and  entirely  without 
control  or  restraint,  nor  were  there  any  but  the  most 
general  relations  between  individual  Masons,  except 
when  a  number  gave  'their  consent  to  the  initiation 
of  a  profane,  and  attended  a  meeting  held  under  the 
authority  of  the  civil  magistrates,  to  witness  and 
assist  in  the  performance  of  that  ceremony.^     The 

*  The  four  old  Lodges,  wliicli  are  so  often  referred  to  in  con- 
nection with,  the  formation  of  the  Grand  Lodge  of  England,  would 
seem  to  have  been  an  exception,  so  far  as  permanent  organizatioa 


168  PRINCIPLES  AND    PRACTICE  OP 

great  body  of  the  Craft  was  then  composed  of  Ap- 
prentices, or  Masons  of  the  first  degree,  and  the 
Annual  Assembly  was  a  gathering  of  the  whole  Fra- 
ternity, or  so  many  of  them  as  chose  to  attend.  As 
there  were  no  permanent  Lodges,  each  brother  rep- 
resented his  own  interest  at  the  General  Assembly, 
and  the  legislation  must  necessarily  have  been  of  the 
most  primitive  character.  When,  however,  the  Grand 
Lodge  was  estabhshed,  and  Lodges  became  perma- 
nent organizations,  under  authority  of  Warrants  issu- 
ing from  the  supreme  body,  the  general  powers  which 
had  previously  been  exercised  by  individuals,  were 
merged  in  the  Lodges,  and  their  powers  were  in  turn 
circumscribed  by  delegation  of  a  portion  of  their 
rights  to  the  superior  authority  of  the  Grand  Lodge, 
so  that  the  individual  sovereignty  may  now,  in  general 
terms,  be  said  to  be  only  exercised  in  regard  to  can- 
didates for  initiation  or  adjoining,  in  the  selection  of 
officers,  and  in  instructing  them  for  their  government 
in  Grand  Lodge.  In  those  days,  too,  the  Grand 
Lodge  reserved  the  right  to  confer  the  degrees  of 
Fellow  Craft  and  Master  Mason,  the  applications  for 
which,  as  the  Fraternity  increased  in  numbers  and 

is  concerned.  Their  origin  and  transactions  are,  however,  involved 
in  a  great  deal  of  mystery,  which  it  is  not  in  our  power  to  clear 
up.  We  are  not  writing  history,  and,  therefore,  only  speak  in  a 
general  sense. 


MASONIC  JURISPRUDENCE.  169 

new  Lodges  were  formed,  becoming  too  numerons 
for  its  capacity,  it  was  obliged  to  relieve  itself  of  the 
burden,  by  empowering  the  Lodges  to  confer  the 
whole  three  degrees,  and  confining  itself  to  the  func- 
tions now  exercised  by  Grand  Lodges. 

The  result  of  this  change  has  been,  that  in  all 
Lodges  deriving  their  existence  from  the  English 
system,  as  ours  do,  Master  Masons  have  taken  the 
place  formerly  occupied  by  Apprentices,  though  in 
jurisdictions  where  the  Scottish  or  Ancient  and  Ac- 
cepted Eite  prevails,  the  change  is  not  so  manifest ; 
Apprentices  in  those  jurisdictions  still  participating 
in  all  the  business  of  the  Lodge,  except  conferring 
the  two  superior  degrees,  and  even  holding  office. 

Lodges  are,  therefore,  now  composed  of  Entered 
Apprentices,  Fellow  Crafts  and  Master  Masons,  and 
the  latter  may  be  divided  into  two  classes — affiliated 
and  non-affiliated.  The  officers  are  chosen  from  the 
affiliated  Master  Masons,  because  they  alone  are  in 
reality  members  of  the  Lodge ;  but,  as  we  have  al- 
ready spoken  of  the  officers,  we  shall  be  understood 
as  in  this  chapter  referring  particularly  to  what  are 
termed  "floor  members :"  that  is.  Masons  not  hold- 
ing any  office,  or,  in  military  parlance,  "the  rank 
and  file." 

As  there  are  pecuHarities  attached  to  each  class, 
we  shall  give  each  a  separate  consideration. 
8 


170  PBINCIPLES  AND   PKACTICE   OP 

SECTION  I. -ENTERED  APPRENTICES. 

The  name  applied  to  the  brother  who  has  received 
the  first  degree  of  Masonry,  appears  to  signify  that 
he  is  one  who  has  entered  the  Fraternity,  but  only 
in  the  character  of  a  novice  or  apprentice ;  and  such 
is  in  truth  his  present  status.  The  profane  who  seeks 
admission  may  be  said  to  be  a  petitioner ;  during  his 
initiation,  he  is  a  candidate ;  and  when  the  initiation 
is  completed,  he  is  an  Entered  Apprentice.  In  the 
Old  Kegulations,  initiation  is  held  to  be  synonymous 
with  making  a  Mason — ^that  is,  an  Apprentice ;  and 
the  rules  that  apply  to  the  maJcingSy&s  they  are  term- 
ed, refer  only  to  the  first  degree :  thus,  the  rule  that 
a  Lodge  may  not  make  more  than  five  new  brethren 
at  the  same  time,  means  that  not  more  than  five  per- 
sons may  be  initiated  at  the  same  meeting.  The 
term  "making"  is  never  appHed  to  the  other  degrees, 
in  which  the  candidate  is  said  to  be  passed  or  raised, 
as  the  case  may  be.  While,  therefore,  initiation 
makes  a  man  a  Mason,  it  only  confers  upon  him  a 
part  of  the  rights  and  benefits  of  the  Lodge,  the  full 
privileges  being  reserved  to  the  Master  Masons. 

An  Entered  Apprentice,  not  being  a  member,  is 
not  required  to  pay  dues,  and  cannot  make  any  claim 
upon  the  Lodge  treasury ;  nor  is  his  family,  should 
he  die  before  advancement,  entitled  to  claim  reKef, 
as  in  the  case  of  a  member. 


MASONIC   JURISPBUDENCE.  171 

He  may  visit  his  own  Lodge  whenever  opened  on 
the  first  degree,  but  he  has  no  voice  or  vote  in  the 
proceedings,  nor  can  he  serve  on  committees  or  hold 
office. 

He  cannot  travel  masonically,  nor  visit  other 
Lodges,  because  he  is  not  in  possession  of  the  means 
of  making  himself  known  as  a  member  in  good  stand- 
ing. Apprentices  are  sometimes  allowed  to  visit 
other  Lodges  than  their  own,  when  accompanied  and 
vouched  by  a  Master  Mason ;  but  the  practice  is  rep- 
rehensible, and  ought  not  to  be  allowed.  Instruction 
is  due  him  in  his  own  Lodge,  and  he  should  seek  and 
find  it  there  before  going  abroad. 

He  cannot,  in  case  of  death,  be  interred  with  the 
formahties  of  the  institution ;  neither  can  he  be  al- 
lowed to  take  part  in  the  procession  on  such  occa- 
sions, the  Lodge,  when  convened  for  that  pui*pose, 
being  always  opened  on  the  third  or  Master's  degree. 

He  is  particularly  cautioned  against  entering  into 
argument  with  the  uninitiated,  because,  from  his 
sHght  knowledge,  he  is  unable  to  speak  correctly  of 
the  society,  and,  in  the  heat  of  debate,  may  assert 
that  which  has  no  existence  in  fact. 

He  has  the  right  to  apply  for  instruction  in  the 
degree  which  has  been  conferred  upon  him,  that,  in 
due  time,  he  may  be  prepared  to  advance  another 
step  in  his  profession. 


172  PRINCIPLES  AND   PRACTICE   OP 

He  has  the  right  to  apply  for  the  next  or  Fellow 
Craft  degree,*  but  it  does  not  follow  that  the  Lodge 
is  obliged  to  grant  the  request ;  for,  in  that  case,  the 
body  could  exercise  no  discrimination,  and  the  rule 
which  exacts  suitable  proficiency  before  advancement 
would  be  void.  It  is,  therefore,  the  custom,  when  an 
Apprentice  applies  for  the  next  higher  degree,  to 
require  him  to  submit  to  an  examination,  either  in 
open  lodge  or  before  a  committee  named  for  the  pur- 
pose, that  it  may  be  known  that  he  is  prepared,  by  a 
knowledge  of  the  degree  already  conferred,  for  ad- 
vancement to  another.  When  such  examination  is 
satisfactory,  it  is  usual  for  the  Lodge  to  express  its 
willingness  to  advance  him  by  a  secret  ballot,  wherein 
one  negative  vote  rejects  him,  without,  however,  af- 
fecting his  standing  as  an  Entered  Apprentice.  It  is 
simply  a  refusal  to  allow  him  to  advance,  but  in  no 
wise  interferes  with  his  right  to  apply  again. 

We  have  known  cases  where,  on  the  appHcation  of 
an  Entered  Apprentice  for  advancement,  the  negative 
ballot  has  been  held  to  be  an  absolute  rejection,  as 
in  the  case  of  a  profane,  but  there  is  a  wide  difference 
between  the  two.  The  question,  on  the  ballot  for 
advancement,  is  not  whether  the  candidate  shaU  be 
made  a  Mason,  for  that  he  already  is,  but  simply 

*  Among  French  Masons,  this  is  technically  called  "applying 
for  higher  wages." 


MASONIC  JURISPRUDENCE.  173 

whetlier  lie  shall  receive  a  higher  degree,  an^ 
tmless  cause  be  shown  to  the  contrary,  an  expres- 
sion of  opinion  by  the  Lodge  as  to  the  proficiency 
already  made.  If  a  black  ball  appear,  then  some 
brother  thinks  the  candidate  has  not  sufficiently  pro- 
gressed in  knowledge  to  be  advanced,  which  opinion 
may  be  changed  on  another  examination.  But  if  it 
be  held  that  such  a  ballot  is  an  absolute  rejection, 
then  a  Mason  is  condemned  and  executed — so  to 
speak — ^without  any  semblance  of  a  trial,  without  any 
charge  being  made,  and  without  any  proof  being 
adduced.  No  such  doctrine  can  be  entertained.  If 
there  are  reasons,  other  than  want  of  proficiency,  or, 
in  other  words,  reasons  affecting  the  moral  character 
of  the  Apprentice,  then,  as  a  Mason,  he  has  a  right 
to  a  fair  trial,  that  he  may,  if  possible,  exculpate  him- 
self, or,  in  the  event  of  his  failure  to  do  so,  that  he 
may  be  placed  in  such  position  as  will  not  only  pre- 
vent his  advancement,  but  forbid  the  exercise  of  his 
rights  even  as  an  Entered  Apprentice.  We  say,  then, 
that  an  Apprentice  is  entitled  to  a  trial,  but  it  must 
be  understood  that  the  trial  is  to  be  had  before  Mas- 
ter Masons,  acting  as  a  committee,  that  the  accused 
may  be  present,  and  present  his  defence ;  the  final 
decision  will,  however,  be  pronounced  by  the  Lodge, 
opened  in  the  third  degree,  where  the  Apprentice 
cannot  enter. 


174  PRINCIPLES  AND  PRACTICE  OP 

w  Following  this,  is  the  right  to  appeal  to  the  Grand 
Lodge  for  a  review  of  the  proceedings ;  for  however 
limited  the  rights  of  an  Entered  Apprentice  may  be, 
he  must  be  allowed  their  full  enjoyment,  and  the  use 
of  all  lawful  means  he  may  deem  essential  to  their 
maintainance.  Clearly,  the  right  of  appeal,  after  » 
trial,  is  one  that  cannot  be  denied  him. 

In  case  of  the  removal  of  an  Apprentice  beyond 
the  jurisdiction  of  the  Lodge  in  which  he  was  ini- 
tiated, and  on  the  expression  of  his  wish  to  receive 
the  remaining  degrees  at  his  new  place  of  residence, 
the  mother-lodge  may  furnish  him  a  certificate,  set- 
ting forth  the  fact  of  his  regular  initiation,  together 
with  its  consent  that  he  be  advanced  in  the  Lodge 
he  may  select. 

Li  conclusion,  it  should  be  stated  that  in  some 
Grand  Lodge  jurisdictions,  laws  prevail  which  are 
not  in  accordance  with  the  views  here  given  :  in  those 
jurisdictions,  the  local  rule  must  be  obeyed ;  but  such 
cases  are  exceptions  to  the  general  law. 

SECTION  n. -FELLOW  CRAFTS. 

In  former  times,  as  will  be  seen  by  reference  to  the 
Ancient  Charges  and  Kegulations,  Fellow  Crafts  were 
capable  of  being  chosen  Wardens  of  a  Lodge,  and 
even,  at  one  time.  Grand  Master.  That  was  when 
the  majority  of  the  Fraternity  were  Apprentices ;  but 


MASONIC  JURISPRUDENCE.  175 

when  the  riglit  to  confer  tlie  second  and  third  degrees 
was  ceded  to  the  Lodges  by  the  Grand  Lodge,  and 
Master  Masons  took  the  place  of  the  Apprentices,  the 
rights  previously  enjoyed  by  Fellow  Craft  Masons 
disappeared,  and  they  may  now  be  said  to  have  no 
rights  beyond  those  of  Apprentices,  except  that  of 
applying  for  the  third  degree.  They,  therefore,  occupy 
the  same  relation  to  a  Master  Mason  that  an  Appren- 
tice does  to  a  Fellow  Craft.  They  have  the  same 
disabilities  as  Apprentices,  and  are  entitled  to  the 
same  immunities.  They  are  required  to  make  suit- 
able proficiency,  and  to  serve  some  time  before  they 
can  be  raised  to  the  degree  of  Master  Mason. 

The  interval  required  to  elapse  between  the  de- 
grees is  not  definitely,  or  rather  not  uniformly,  settled. 
Some  Grand  Lodges  require  a  month's  probation 
between  each  degree;  others  more;  some  regulate 
the  interval  by  "  due  proficiency."  The  Grand  Lodge 
of  New  York  requires  proficiency,  and  that  at 
least  four  weeks  shall  elapse  between  initiation  and 
raising.  In  England  the  rule  is  twenty-eight  days 
between  each  degree.  It  may,  therefore,  be  said  to 
be  a  matter  of  local  regulation,  as  it  certainly  is  sub- 
ject to  the  control  of  the  Grand  Master,  who  may  by 
his  dispensation  abbreviate,  or  entirely  abrogate  it. 


176  PRINCIPLES  AND   PRACTICE   OP 

SECTION  IV -MASTER  MASONS. 

Masons  of  the  third  degree  of  Ancient  Craft  Ma- 
sonry now  constitute  the  body  of  the  Fraternity. 
They  make  up  our  Lodges,  perform  their  labors,  and 
contribute  the  means  for  paying  their  current  ex- 
penses, as  well  as  the  demands  of  needy  brethren, 
their  widows  and  orphans.  Their  duties  comprise 
the  various  requirements  of  the  institution,  and  they 
are,  in  their  generation,  the  custodians  and  conserv- 
ators of  the  trust  bequeathed  by  the  fathers,  which, 
in  due  time,  they  will  leave  to  their  sons,  and  thus 
perpetuate  the  institution  while  there  shall  remain  a 
need  for  laborers  in  the  cause  of  liuman  progress. 
In  view  of  the  weighty  responsibilities  of  Master 
Masons,  it  is  proper  that  they  should  understand 
their  rights  and  privileges,  which  we  now  proceed  to 
enumerate. 

The  first  right  of  a  Master  Mason  is  that  of  mem- 
hersTiip,  which  is  of  two  kinds — actual  and  honorary. 
By  actual  membership  is  understood  regular  affilia- 
tion with  a  Lodge,  either  as  the  result  of  having  been 
initiated,  passed,  and  raised  therein  ;  by  acceptance, 
or  affiliation  after  having  been  previously  a  member 
of  some  other  Lodge,  or  by  having  been  a  member 
of  a  Lodge  under  dispensation,  and  remaining  there 
after  the  warrant  issues  fi'om  the  Grand  Lodge. 


MASONIC   JURISPllUDENCE.  177 

It  is  always  understood  that  when  a  person  peti- 
tions for  initiation  in  a  Lodge,  it  is  with  the  inten- 
tion of  becoming  a  member  (unless  the  contrary  be 
expressed),  and  therefore  when  the  third  degree  has 
been  conferred,  no  further  ceremony  is  requisite  save 
that  of  the  candidate  signing  the  by-laws,  thus  re- 
cording his  wilHngness  to  assume  his  portion  of  the 
duties  of  Masonry,  on  condition  that  he  be  entitled 
to  all  the  rights  and  benefits  that  accrue  to  members 
in  good  standing.  This  is  the  first  me.thod  of  obtain- 
ing membership.  The  second  is  when  a  Mason  de- 
sires to  change  his  membership  from  one  Lodge  to 
another  ;  he  withdraws  or  dimits  from  his  old  Lodge 
and  petitions  the  new  one  to  receive  him  into  fellow- 
ship. This  petition  takes  the  usual  course  ;  a  com- 
mittee of  investigation  is  named,  and  on  their  report 
a  ballot  is  had,  which,  if  favorable,*  admits  the  pe- 
titioner to  membership,  on  the  condition  of  the  fee 
as  provided  by  the  by-laws,  and  the  appending  his 
signature  to  that  instrument.  We  digress  here  a 
moment  to  say,  that  among  Masons  in  continental 
Europe  the  act  of  affiliation  is  always  accompanied 

*  We  have  already  remarked,  in  a  previous  chapter,  that  the 
ballot  for  an  affiliating  Mason  differs  from  that  for  a  profane  in 
this,  that  if  unfavorable  his  standing  is  not  thereby  affected.  He 
is  just  as  competent  to  petition  the  same  Lodge,  or  another,  after 
rejection  as  before,  and  that  residence  has  nothing  to  do  with  the 
application  unless  ther )  be  a  local  regulation  on  the  subject. 


178  PRINCIPLES  AND  PRACTICE  OF 

by  appropriate  ceremonies.  The  affiliating  brother 
is  required  to  renew  his  covenant  of  fealty 4o  tho 
constitution  of  the  Grand  Lodge,  and  to  the  regula- 
tions of  the  subordinate  to  which  he  is  about  to  be- 
come attached.  He  is  then  introduced  to  the  breth- 
ren by  name,  official  announcement  of  his  affiliation 
is  made,  and  he  is  saluted  as  a  member  of  the  Lodge. 
The  ceremony,  though  brief,  is  one  that  has  always 
favorably  impressed  us,  and  we  submit  it  to  the  con- 
sideration of  the  brethren.  The  tliird  method  of 
obtaining  membership  is  where  a  given  number  of 
Master  Masons  petition  the  Grand  Master  to  be 
formed  into  a  Lodge  imder  dispensation.  Should 
their  prayer  be  granted,  it  is  the  general  rule  that 
they  must  then  withdraw  from  the  old  Lodge  in 
which  they  had  previously  been  members,  member- 
ship in  the  new  one  accruing  to  them  by  their  con- 
stitution under  a  warrant  fi'om  the  Grand  Lodge,  the 
risk  of  which  they  of  course  accept.  In  New  York 
the  rule  is,  that  when  Master  Masons  petition  for  a 
dispensation  they  must  pay  up  their  dues  to  the  date 
of  such  petition  and  furnish  satisfactory  evidence  of 
that  fact  to  the  Grand  Master  at  the  time  of  peti- 
tioning. If  the  dispensation  be  granted,  the  mem- 
bership in  the  old  Lodge  remains  in  abeyance,  and 
it  is  optional  Tvith  the  petitioners  either  to  continue 
in  the  n^w  Lodge  when  the  warrant  is  granted,  or  to 


MASONIC  JURISPRUDENCE.  179 

resume  their  membership  in  the  old  one.  This  rule 
is  evidently  fair  and  commendable,  as  it  avoids  the 
danger  of  setting  men  adrift  who  take  part  in  the 
formation  of  new  Lodges,  in  case  the  warrant  of  con- 
stitution does  not  follow  the  dispensation,  and  saves 
them  the  trouble  and  expense  of  a  reaffiliation,  in 
case  they  do  not  think  proper  to  continue  in  the  new 
Lodge. 

Honorary  membership,  as  generally  understood,  is 
the  somewhat  modern  custom  of  conferring  nominal 
membership  on  a  brother  for  services  rendered  the 
Fraternity  in  general,  or  the  Lodge  in  particular.  As 
it  is  the  law  that  a  brother  can  only  be  an  active 
member  of  one  Lodge  at  the  same  time,  and  as  only 
active  members  can  participate  in  the  transactions 
of  the  Lodge  so  far  as  to  vote,  hold  office,  serve  on 
committees,  etc.,  it  follows  that  honorary  membership 
when  conferred  is  but  the  expression  of  a  eomph- 
ment,  and  that  the  honorary  member  acquires  no 
positive  right  whatever.  They  are  generally  allowed 
to  participate  in  discussion,  but  this  is  only  an  act  of 
courtesy  rarely  denied  to  any  visiting  brother  who 
signifies  a  wish  to  be  heard. 

There  is,  however,  in  some  jurisdictions  a  kind  of 
honorary  membership  which  is  positive  and  tangible 
in  its  operation.  It  is  where,  by  the  regulations  of 
the  Grand  Lodge,  a  poor  brother,  unable  to  pay  the 


180  PRINCIPLES  AND    PRACTICE  OP 

adjoining  fee,  may  be  received  by  any  Lodge  with- 
out such  fee,  as  an  honorary  member — by  previous 
notice  and  unanimous  ballot — and  may  be  excused 
by  the  Lodge  from  the  payment  of  dues.  Li  this 
case  the  member  is  entitled  to  all  the  privileges  of 
the  Lodge,  without  being  subjected  to  any  of  its  pe- 
cuniary burdens. 

From  the  right  of  membership  follows  the  right  to 
visit  masonically  any  regular  Lodge.  There  is  con- 
siderable dijBference  of  opinion  as  to  whether  this  is 
an  absolute  or  Hmited  right.  The  present  Grand 
Master  of  England,  and  some  authorities  in  this 
country,  insist  upon  making  the  right  to  visit  a  posi- 
tive one  ;  the  only  condition  being,  that  the  visiting 
brother  shall  produce  satisfactory  evidence  of  his 
good  standing  in  the  Lodge  from  which  he  hails.  Li 
this  country,  whatever  the  theory  may  be,  the  gen- 
eral practice  is,  however,  to  make  the  right  a  Hmited 
one.  And  we  certainly  must  say  that  we  can  ima- 
gine no  good  reason  for  any  other  com'se.  It  is  true 
that  Lodges  are  in  a  general  sense  but  the  subdivi- 
sions of  one  universal  family,  but  it  must  be  admitted 
that  the  members  of  any  particular  Lodge  have 
rights  in  it  superior  to  the  rights  of  Masons  belong- 
ing to  other  Lodges,  and  when  a  member  objects  to 
the  entrance  of  a  visitor,  his  objection  is,  and  ought 
to  be,  of  greater  weight  than  the  claims  of  the  visit* 


MASONIC   JURISPRUDENCE.  181 

or ;  for  if  this  were  not  the  case  the  sitting  member 
might  be  obliged  to  leave  the  Lodge,  and  thus  be 
temporarily  deprived  of  all  his  rights  therein,  at  the 
order  of  a  brother  having  equal  rights  in  the  Fra- 
ternity but  not  in  the  Lodge.  Moreover,  it  is  the 
duty  of  the  Master  to  preserve  harmony  among  the 
brethren  composing  his  Lodge  ;  but  if  he  were 
obliged  to  admit  a  visitor  whose  presence  would,  to 
his  certain  knowledge,  disturb  that  harmony  and  em- 
barrass the  work,  then  he  would  be  deprived  of  one 
of  the  means  of  performing  an  essential  duty ;  for 
peace  and  harmony  are  the  support  of  our  institution 
in  a  greater  degree  than  in  any  other.  Again,  if  the 
right  to  visit  were  a  positive  one,  then  Masons  who 
believe  that  the  landmark  requiring  candidates  for 
Masonry  to  be  free-born  is  still  in  force  would  be 
obliged  to  sit  with  a  certain  class  of  the  initiates  of 
a  Grand  Lodge  which  has  unblushingly  removed 
that  landmark.  Fortunately,  however,  the  question 
is  settled  by  the  admitted  prerogative  of  the  Master 
to  control  the  admission  of  visitors  by  withholding 
that  permission,  without  which  they  can  neither  "pass 
nor  repass."* 

*  Dr.  Oliveb  holds  the  right  to  visit  to  be  absolute,  but  in  the 
same  breath  admits  that,  under  certain  circumstances,  visitors 
ought  not  to  be  admitted,  or  if  present  may  be  requested  to  with- 
draw, which  sufficiently  demonstrates  the  limited  nature  of  the 
privilege. 


182  PRINCIPLES  AND  PRACTICE  OF 

In  immediate  connection  with  Masonic  visitation 
is  the  subject  of  certificates  or  diplomas  *  Certifi- 
cates being  understood  to  emanate  from  a  Lodge, 
and  diplomas  from  a  Grand  Lodge.  There  can  be 
no  doubt  of  the  right  of  a  Master  Mason  in  good 
standing  to  furnish  himself  with  a  wiitten  proof  of 
that  standing,  vouched  for  by  tho  seal  of  his  Lodge, 
or  preferably  his  Grand  Lodge,  but  little  or  no 
weight  can  be  given  to  such  documents  in  the  exam- 
ination of  a  strange  brother.  They  may  be  received 
as  collateral  evidence,  but  the  time  dependence  is  the 
Tyler's  OB.,  the  due  trial  and  strict  examination  of  a 
competent  and  careful  committee,  who  will  omit  no 
question  that  ought  to  be  asked,  and  who  will  accept 
no  equivocal  answers ;  acting  on  the  maxim  that  it 
is  better  that  ninety-nine  good  brethren  should  be 
refused  than  that  one  impostor  should  be  admitted. 

The  right  of  avouchnient  is  a  most  important  one, 
and  one  in  the  exercise  of  which  too  much  caution 
cannot  well  be  exercised.  There  are  three  rules  in 
regard  to  avouching,  which  may  be  thus  stated  : 

1st.  If  you  have  been  present  in  a  regular  Lodge 
of  Master  Masons  with  the  brother  for  whom  you 
vouch.  2nd.  If  a  brother  whom  you  know  to  be  a 
Master  Mason  introduces  you  to  another  in  2'>€rson^ 
and  says  I  have  sat  with  this  brother ;  or,  3d.  If  you, 

•  See  Appendix. 


MASONIC  JURISPKUDENCE.  183 

as  one  of  a  committee  appointed  by  the  Master  of 
your  Lodge,  have  carefully  examined  a  brother,  then 
you  may  lawfully  vouch  for  him,  and  your  avouch- 
ment  may  be  accepted  by  the  Lodge.  As  a  general 
rule,  the  personal  examination  of  brethren  casually 
meeting  should  not  be  accepted ;  for  though  there 
are  undoubtedly  many  brethren  just  as  competent  to 
examine  a  stranger  in  any  proper  place  as  well  as 
they  could  in  the  Lodge-room,  yet  the  great  majority 
are  not  thus  competent,  and  it  is  therefore  unsafe  to 
accept  such  examinations  and  thus  approve  of  the 
practice.  Every  Master  has  agreed  in  the  most  sol- 
emn manner  that  "  no  visitors  shall  be  received  in 
his  Lodge  without  due  examination  and  producing 
proper  vouchers  of  their  having  been  initiated  in  a 
regular  Lodge,"  and  he  will  prove  faithless  to  his 
vow  if  he  allow  the  somewhat  loose  system  of  mod- 
ern avouch ment  to  prevail  under  his  administration. 
The  simple  announcement  of  "  Brother  so  and  so 
vouched  for"  is  a  very  frail  warrant  for  the  admission 
of  a  person  we  have  never  seen  or  heard  of  before  to 
a  participation  in  our  mysteries.  We  should  know 
who  is  his  sponsor,  and  on  what  grounds  he  assumes 
that  responsibihty,  "While  it  is  the  right  of  every 
Master  Mason  in  good  standing  to  vouch  for  an* 
other,  on  proper  grounds,  it  is  equally  the  duty  of 
the  Master  to  be  satisfied  that  this  important  privi- 


or  rwc 

wNivERsirr 


184  PRINCIPLES  AND    PRACTICE  OP 

lege  has  not  been  lightly  exercised,  before  he  accepts 
the  voucher.     There  are  so  many  ways  in  which  the 
best  int^tioned  brother  may  be  deceived  that  there 
should  prevail  a  wholesome  caution  in  accepting  any 
but  the  most  irrefragible  testimony.     Thus,  the  bro- 
ther who  offers  to  respond  for  another  should  know, 
beyond  all  question,  that  the  one  he  vouches  for  is 
really  a  member  of  the  Fraternity,  in  good  standing, 
and  his  knowledge  must  be  obtained,  not  from  an  or- 
dinary conversation  nor  a  loose  and  careless  iuquiiy, 
but  from  strict  trial,  due  examination,  or  lawful  Ma- 
sonic information,  which  one  of  the  unwritten  land- 
marks require  as  prerequisites  to  avouchment.     The 
sixth  subdivision  of  the  sixth  of  the  Ancient  Charges 
provides  that — "  You  are  cautiously  to  examine  a 
strange  brother,  in  such  a  manner  as  prudence  shall 
direct  you,  that  you  may  not  be  imposed  upon  by  an 
ignorant  false-pretender,  whom  you  are  to  reject  with 
contempt  and  derision,  and  beware  of  giving  him 
any  hints  of  knowledge."    Nothing  can  lawfully  be 
taken  for  granted,  nor  should  shortness  of  memory 
be  suffered  to  excuse  the  filling  up  of  an  inconvenient 
blank.   If  the  would-be-visitor  has  paid  so  Httle  heed 
to  his  first  instructions,  or  so  little  attention  to  the 
claims  of  the  Fraternity,  as  to  become  rusty,  he  should 
go  where  he  is  known  to  obtain  his  information,  aud 
be  disappointed  if  he  expect  to  pick  it  up  from  an 


MASONIC  JURISPRUDENCE.  185 

examining  brother  or  committee.  In  this  we  would 
be  understood  as  referring  to  those  important  mat- 
ters that  are  indispensible,  and  not  to  some  of  the 
minor  details  that  only  a  bright  Mason  conld  be  ex- 
pected to  have  at  his  finger-ends.  The  particulars 
of  an  examination  cannot,  of  course,  be  detailed  here, 
but  we  may  say,  in  general  terms,  that  the  errors  or 
inadvertencies  of  the  visitor  should  not  be  corrected, 
for  that  would  be  giving  him  the  hints  we  are  warned 
against.  "With  an  aged  brother,  or  one  who  has  long 
been  debarred  the  privileges  of  the  Craft  by  journeys 
or  sickness,  patience  should  be  exercised.  If  he  has 
ever  received  the  true  light,  the  spark,  though  dimmed 
will  eventually  brighten  up  by  his  own  unaided  en- 
deavors ;  and  one  such  trial  will  always  serve  to  re- 
mind him  of  the  necessity  of  keeping  his  treasures 
where  he  can  find  them  when  wanted.  But  it  is  not 
so  much  from  any  carelessness  in  regard  to  examina- 
tions that  we  have  to  apprehend  danger,  as  from  the 
uncertain  application  of  what  is  termed  "  lawful  iu- 
formation."  The  Tyler's  voucher  is  very  often  an 
imcertaiQ  guide  ;  for  among  the  numbers  that  pass 
his  guard  he  may  be  deceived  by  great  similarity  of 
personal  appearance,  or  from  a  conviction  that  he, 
having  seen  the  person  somewhere,  that  place  must 
have  been  in  a  Lodge  ;  or  the  Tyler  may  have  known 
that  a  person  was  a  member  of  a  Lodge,  but  not  that 


186  miNCIPLES  AND  PRACTICE  OF 

he  had  been  put  under  discipline.  Other  instances 
might  be  named,  but  they  will  readily  suggest  them- 
selves to  the  brethren.  Examinations  conducted  by 
an  inexperienced  or  unskillful  brother  can  afford  no 
just  grounds  for  an  avouchment,  because  he  cannot 
be  supposed  to  have  the  ability  of  detecting  error,  or 
the  judgment  necessary  to  avoid  conveying  informa- 
tion which  should  be  withheld.  If  a  brother  vouch 
for  another  on  the  ground  of  having  sat  with  him  in 
Lodge,  he  should  also  be  able  to  state  positively  that 
it  was  a  Master's  Lodge,  duly  and  legally  constituted, 
and  not  a  Lodge  of  Entered  Apprentices  or  Fellow 
Crafts.  Written  vouchers,  though  indited  by  your 
nearest  friend,  are  of  no  positive  value ;  they  can- 
not lawfully  contain  any  of  those  things  which  it  is 
indispensible  the  visitor  should  know,  and  can  afford 
him  no  assistance  when  put  to  the  ordeal  of  strict 
examination.  Personal  avouchment  from  one  bro- 
ther to  another  may  be  accepted,  but  no  further ; 
and  then  only  when  the  brother  vouched  for  is  in 
presence  of  the  one  giving  the  information  and  the 
one  receiving  it ;  and  then  it  must  be  given  with  the 
intent  of  being  used  Masonically,  and  be  full,  expHcit, 
positive,  and  based  on  actual  knowledge  of  a  Masonic 
character ;  but  when  Brother  A  informs  Brother  B 
that  Brother  C  told  him  that  Brother  D  was  a  Ma- 
son, the  information  becomes  too  loose  to  have  a  law- 


MASONIC  JTJELSPEUDENCE.  187 

ful  value,  and  must  be  discarded.  Finally,  tlie  safest 
and  best  rule  for  all  concerned  is  for  the  visiting 
brother  to  be  at  the  haU  half  an  hour  before  the  time 
fixed  for  Lodge  opening,  that  he  may  have  abundant 
time  to  prove  his  qualifications  by  the  scrutiny  of  a 
regular  examination. 

The  right  to  a  Masonic  trial  by  his  peers  is  to  the 
Mason,  as  to  the  citizen,  the  inviolable  safeguard  of 
aU  his  other  rights,  and  it  is  therefore  an  unchange- 
able law  that  the  recognised  punishments  of  Masonry 
can  only  be  inflicted  after  a  regular  trial,  during 
which,  and  until  the  final  verdict  is  pronounced  by 
the  Lodge,  he  is  entitled  to  the  presumption  of  inno- 
cence, and  remains  in  good  standing.  The  method 
of  proceeding  in  Masonic  trials  will  form  the  subject 
of  a  separate  and  special  consideration,  and  we 
therefore  in  this  place  only  consider  the  right  of 
every  Mason  to  the  benefit  of  such  proceedings  when 
by  his  conduct,  or  by  the  imputation  of  wrong,  he 
becomes  liable  to  impeachment.  The  enjoyment  of 
the  rights  that  inure  to  a  Mason  is  that  which  dis- 
tinguishes him  from  the  profane,  and  entitles  him  to 
consideration  among  his  brethren.  Mere  worldly 
justice,  much  more  then,  the  sacred  ties  of  the  bro- 
therhood, require  that  the  penalties  for  immoral  or 
unmasonic  conduct  should  only  be  inflicted  after 
trial,  in  which  the  charges  shall  have  been  sustained 


188  PBINCIPLES  AND   PRACTICE   OP 

by  ample  proof,  in  which  full  opportunity  shall  have 
been  afforded  the  accused  to  make  his  defence,  and 
which  proceedings  shall  have  been  approved  by  a 
majority  of  the  brethren  in  open  Lodge.  The  peers 
of  a  Master  Mason  are  all  other  Master  Masons  in 
good  standing  in  his  Lodge,  and  therefore  a  Lodge 
has  original  jurisdiction  for  the  purpose  of  trying 
any  of  its  members  save  the  Master,  whose  peers, 
while  he  remains  in  office,  they  are  not,  and  whom, 
therefore,  they  cannot  try. 

The  natural  sequence  of  the  right  to  a  fair  and 
impartial  trial  is  the  right  of  appeal.  Human  na- 
ture is  falUble,  and  men,  however  just  their  inten- 
tions, are  liable  to  err ;  and  it  has  therefore  been 
provided  that  in  all  trials  the  accused  brother  shall 
have  the  right,  when  the  Lodge  has  pronounced 
sentence,  to  appeal  to  the  final  adjudication  of  the 
Grand  Lodge.  The  foundation  of  this  right  is  found 
in  the  Sixth  Charge,  in  these  words  :  "  If  any  com- 
plaint be  brought,  the  brother  foimd  guilty  shall 
stand  to  the  award  and  determination  of  the  Lodge, 
who  are  the  proper  and  competent  judges  of  all 
such  controversies,  unless  you  carry  it  by  appeal  to 
the  Grand  Lodge  *  *  *."  The  requisites  of  an 
appeal  (unless  otherwise  provided  by  the  local  reg- 
ulations) are  :  1st.  That  the  appellant  shall  notify 
the  opposite  party  of  his  intention  to  appeal.     2d, 


MASONIC  JURISPRUDENCE.  189 

That  a  copy  of  all  the  proceedings  in  the  case, 
attested  by  the  secretary  and  Lodge  seal,  shall  be 
forwarded  to  the  Grand  Lodge  without  delay.  3d. 
That  the  appellant  furnish  the  Grand  Lodge,  through 
the  Grand  Secretary,  with  a  full  and  clear  statement 
of  the  grounds  of  his  appeal ;  and  4th.  That  a  copy 
of  this  document  be  furnished  to  the  adverse  party. 
When  a  case  is  thus  brought  before  the  Grand 
Lodge,  it  is  usually  referred  to  a  committee,  who 
examine  the  papers,  hear  explanations  from  either 
or  both  parties,  and  report  their  judgment  as  to 
whether  the  proceedings  ought  to  be  reversed  or 
confirmed,  and  on  that  report  the  Grand  Lodge  de- 
cides. Proceedings  thus  conducted  are  strictly  ap- 
pellate, but  it  is  held  that  the  Grand  Lodge,  being 
the  supreme  tribunal,  may  in  its  discretion  assume 
original  jurisdiction,  hear  new  evidence,  and  make  a 
new  verdict.  There  is  no  doubt  but  that  many  Grand 
Lodges  do  thus  act,  but  we  must  say  that  the  power 
is  one  that  ought  not  to  be  exercised  except  in  an 
extreme  case.  The  safer  and  just  plan  would  seem 
to  be,  when  there  is  manifest  error  in  the  proceed- 
ings, when  the  verdict  is  not  in  accordance  mth 
the  evidence,  or  when  the  punishment  awarded  is 
too  lenient  or  too  severe,  to  send  the  case  back  for 
a  new  trial,  with  such  recommendations  as  it  may 
be  proper  to  make,  to  the  Lodge,  who  are  "the 


190  PRINCIPLES  AND   PRACTICE   OF 

proper  and  competent  judges  in  all  such  contro- 
versies." 

Pending  the  appeal,  the  brother  found  guilty  must 
submit  to  the  award  of  the  brethren,  so  far  as  the 
exercise  of  any  of  his  Masonic  rights,  save  that  of 
appeal,  is  concerned,  because  the  Lodge  having  ori- 
ginal jurisdiction  had  the  right  to  pronounce  sen- 
tence, which  must  therefore  be  in  effect  until  abso- 
lutely reversed  by  the  superior  authority  of  the  Grand 
Lodge.  It  may  be  objected,  that  in  a  case  of  defi- 
nite suspension,  say  three  or  six  months,  the  appel- 
lant would  actually  suffer  the  entire  punishment  be- 
fore an  appeal  which  might  reverse  the  sentence 
could  be  heard  in  Grand  Lodge ;  but  of  tliis  there 
is  no  real  danger,  for  it  cannot  be  doubted  that  dur- 
ing the  recess  of  the  Grand  Lodge  the  Grand  Mas- 
ter has  ample  power  to  entertaiu  an  appeal,  and  or- 
der a  new  trial  if  found  necessary,  or  grant  a  stay  of 
proceedings  until  the  assembling  of  the  Grand 
Lodge. 

It  is  held,  in  a  majority  of  the  Grand  Lodges  of 
this  country,  that  where  a  Lodge  has  passed'sentence 
of  indefinite  suspension  or  expulsion — two  names  for 
the  same  thing,  in  effect — though  the  Grand  Lodge 
may,  on  appeal,  reverse  the  sentence  for  irregularity 
or  want  of  proof,  it  cannot  and  does  not  by  such 
reversal  reinstate  the  member  in  his  Lodsre.    This 


MASONIC   JUBISPRUDENCE.  191 

proposition  is  so  diametrically  opposed  to  common 
justice  and  common  sense,  41iat  we  trust  to  be  ex- 
cused for  devoting  a  page  or  two  to  its  considera- 
tion. 

Tlie  object  of  the  review  by  the  Grand  Lodge  is  to 
ascertain  by  impartial  investigation  that  the  pro- 
ceedings have  been  regular,  and  that  the  finding  is 
warranted  by  the  evidence  ;  and  until  this  conclusion 
is  arrived  at,  the  adjudication  is  not  complete,  and 
the  accused  brother  remains  so  far  connected  mth 
the  institution  (taking  the  supposition  that  the  ver- 
dict was  one  of  expulsion)  as  to  have  the  right,  by 
his  appeal,  to  this  final  determination  of  the  matter 
by  the  supreme  tribimal.  If  the  verdict  of  expul- 
sion pronounced  by  the  Lodge  at  once  severs  the 
connection  of  the  individual  with  his  Lodge  and  with 
the  Fraternity,  then  all  his  Masonic  rights  are  at 
once  abrogated,  and  he  could  not  enjoy  the  right  of 
appeal,  which  is  one  of  them.  But  the  verdict  of 
the  Lodge  is,  and  can  only  be,  conditional,  because 
the  right  of  appeal  is  inaHenable,  and  no  brother  can 
be  deprived  of  it  till  his  case  has  been  finally  re- 
viewed and  decided  by  the  court  of  last  resort. 
Hence,  when  a  new  trial  is  granted,  a  new  appeal 
follows,  just  as  if  no  previous  trial  had  occurred.  If, 
however,  we  admit  the  contrary  view,  then  Masonic 
justice  is  a  mockery,  and  the  form  of  trial  a  solemn 


192  PRINCIPLES  AND   PRACTICE   OP 

farce ;  for  if  the  reversal  of  the  entire  proceedings 
below  does  not  place  the  brother  in  precisely  the 
same  situation  he  occupied  before  the  charges  were 
preferred,  then  all  that  is  necessary  to  be  done  when 
a  Lodge  desires  to  get  rid  of  a  member  is  to  trump 
up  charges  against  him,  declare  him  expelled,  and, 
though  the  charges  be  false  as  the  Father  of  lies,  he 
is  deprived  of  his  membership  beyond  remedy ;  and 
if  the  Grand  Lodge,  when  upon  examination  it  finds 
that  the  charges  are  imsustaiued,  cannot  reinstate 
him  in  aU  his  rights,  or  rather  cannot  declare  (and 
enforce  its  declaration)  that  he  has  not  been  deprived 
of  any  right,  then  it  is  lawful  to  vacate  a  brother's 
membership  at  wiU,  and  the  right  of  appeal  is  no 
right,  since  it  cannot  procure  the  administration  of 
the  simplest  form  of  justice.  The  advocates  of  this 
doctrine  endeavor  to  justify  it  by  saying  that  every 
Lodge  is  the  judge  as  to  who  shall  be  its  members, 
and  that  the  Grand  Lodge  has  no  power  to  force  any 
of  its  subordinates  to  accept  a  member  against  its 
will.  As  a  general  proposition,  this  is  true  ;  but  in 
the  case  of  a  reversal  of  judgment  the  Grand  Lodge 
does  nothing  like  forcing  a  member  upon  the  Lodge ; 
it  simply  says :  "  We  have  examined  your  record ; 
we  find  your  proceedings  wrong,  and  that  the  evi- 
dence you  have  furnished  us  does  not  establish  the 
charges  made  ;  they  are  therefore  null  and  void ;" 


MASONIC   JURISPRUDENCE.  193 

and  the  result  is  to  restore  the  state  of  things  that 
existed  before  proceedings  were  commenced ;  and 
hence  the  brother  continues  the  membership,  of  which^ 
by  the  reversal  of  the  sentence,  it  is  declared  he  had 
not  been  deprived. 

Appeals  from  other  acts  and  decisions  of  the  Lodge 
besides  those  relating  to  trials  are  sometimes  taken. 
Appeals  from  the  decision  of  the  Master  in  the  chair 
are  likewise  to  be  made  to  the  Grand  Lodge  or  Grand 
Master — usually  to  the  latter,  or  to  his  deputy,  for 
the  reason  that  they  generally  involve  some  point  or 
principle  which  it  is  necessary  to  the  harmony  of  the 
Lodge  should  be  decided  without  delay.  This  ap- 
peal is  the  safeguard  of  the  member  against  any  ex- 
ercise of  arbitrary  authority  by  the  Master,  and  the 
"  check"  by  which  he  is  restrained  from  the  use  of 
his  high  prerogatives  to  the  injury  of  the  Lodge  or 
the  brethren. 

The  right  of  relief,  when  in  circumstances  of  des- 
titution and  distress,  is  one  of  the  most  ancient  and 
well-established  rights  of  the  individual  Mason.  It 
existed  before  the  constitution  of  permanent  Lodges, 
and  before  the  institution  of  the  Grand  Lodge.  It 
has  in  modern  times  been  modified  in  the  case  of 
non-affihated  Masons,  but  otherwise  remains  as  in 
the  beginning  ;  for  a  Mason  has  a  claim  not  only  to 
the  benevolence  of  the  particular  Lodge  of  which  he 
9 


194  PRINCIPLES  AND   PRACTICE  OF 

is  a  member,  but  upon  that  of  tlie  whole  Fraternity 
wherever  dispersed  ;  a  claim,  too,  that  after  his  death 
inures  to  his  widow  and  children.  Eelief  as  now 
given  may  be  said  to  be  of  two  kinds  :  personal,  that 
is,  donations  from  individual  resources  to  relieve  a 
destitute  brother  ;  and,  from  the  funds  of  the  Lodge 
or  Grand  Lodge,  for  a  like  purpose.  Li  the  present 
day,  when  there  is  a  Lodge  in  every  village  in  the 
land,  it  appears  to  us  that  the  claim  upon  individual 
members  ought  not  to  be  enforced  ;  for  the  tax  is  in 
many  instances  beyond  the  ability  of  the  brother,  es- 
pecially if  he  be  well  known,  or  Hve  in  the  vicinity  of 
persons  inimical  to  the  institution.  Money  contrib- 
uted to  the  Lodge  fund  is  deposited  for  the  very 
purpose  of  relief,  and  every  contributor  ought  to  be 
allowed  to  refer  applicants  to  it,  unless,  of  course, 
where  he  is  persuaded  that  it  is  a  duty  to  give  from 
his  own  pocket,  as  well  as  from  the  Lodge  treasury. 
We  speak  on  this  topic  from  an  extended  personal 
experience,  and  from  actual  knowledge  that  the  be- 
nevolent feature  of  the  Masonic  association  has  been, 
and  will  be,  liable  to  great  abuse  ;  for  on  it  has  grown 
that  unsightly  parasite  Masonic  vagrancy.  To  a  su- 
perficial observer,  it  would  seem  that  our  system  was 
expressly  intended  to  provide  against  mendicancy  in 
any  shape,  and  that  our  professions  of  benevolence 
are  but  hollow  shams,  while  we  allow  our  own  kin- 


MASONIC  JURISPRUDENCE.  195 

dred  and  people  to  fall  into  the  vicious  state  of  pro- 
fessional beggars  ;  but  those  who  are  in  the  habit  of 
looking  beyond  the  surface  need  not  be  told,  that 
Masonry  does  not  pretend  to  be  an  eleemosynary  es- 
tabhshment ;  that  it  is  rather  a  system  of  morality, 
one  of  the  duties  of  which  is,  to  relieve  the  distresses 
of  its  worthy  adherents,  and  those  of  their  widows 
and  orphans ;  or,  in  other  words,  that  charity,  or  the 
giving  of  alms,  is  but  an  adjunct  to  other  and  more 
important  duties.  Saith  the  law  :  "  If  thy  brother  be 
waxen  poor,  and  fallen  into  decay  with  thee,  then 
thou  shalt  relieve  him ;  yea,  though  he  be  a  stranger 
or  a  sojourner  ;  that  he  may  live  with  thee."  (Levi- 
ticus XXV.,  35.)  And  it  truly  describes  the  real  pur- 
pose of  Masonic  donations.  For  this  purpose  our 
members  cheerfully  impose  upon  themselves  a  tax 
which,  as  citizens,  they  would  not  submit  to  without 
murmuring,  and  the  proceeds  of  which  they  give  with 
a  liberal  hand,  not  only  to  the  "  brother  waxen  poor" 
among  us,  and  those  who  have  a  natural  right  to  ask 
in  his  name,  but  also,  in  too  many  cases,  to  those 
who  neither  have,  nor  ought  to  have,  a  claim  upon 
anything  but  the  way  to  the  door. 

This  is  a  defect  of  our  present  administration  of 
charity  that  is  daily  working  evil  not  only  to  the 
Craft,  but  to  the  recipients  themselves ;  for  we  hold 
that  money  given  to  the  idle  and  viciously  disposed, 


196  PRINCIPLES  AND  PRACTICE  OP 

not  only  does  wrong  to  the  giver,  but  also  to  the  re- 
cipients, as  they  are  thus  encouraged  not  only  to 
continue  a  life  of  idleness,  but  to  exercise  their  wits 
for  new  methods  of  imposing  on  the  too  credulous 
stewards  of  a  fund  intended  for  a  far  different  purpose. 
The  practice  of  benevolence  is  often  and  strongly  in- 
culcated in  our  ritual,  in  monitors,  and  in  all  publi- 
cations which  undertake  to  treat  of  Masonry;  but  it 
is  in  almost  every  case  taken  literally,  and  without 
consideration  as  to  what  true  benevolence  is.  We 
say  that  the  mere  giving  of  money  is  not  charity,  for 
charity  implies  love,  and  requires  discrimination. 
Our  gifts,  unlike  the  gentle  dew  of  heaven,  should 
not  fall  aHke  on  the  just  and  the  unjust ;  for  vice, 
like  noxious  weeds,  grows  rampant  enough  without 
fertilizing.  Add  this  consideration  :  that  every  dol- 
lar misgiven  to  an  impostor  is  two  dollars  taken  from 
the  true  claimant,  and  a  sufficient  reason  will  be 
found  for  the  exercise  of  greater  caution  than  seems 
to  prevail  among  the  Lodges  of  our  country.  "While, 
therefore,  we  would  applaud  the  liberal  assistance 
given  to  those  knoivn  to  be  worthy,  we  would  equally 
condemn  that  loose  giving  that  merely  requires  the 
presentation  of  a  doubtful  paper  and  a  plausible 
story  to  unloose  the  purse-strings.  We  do  not  speak 
unadvisedly  when  we  thus  characterise  a  process 
vastly  too  common  to  be  either  denied  or  sufferedio 


MASONIC  JURISPRUDENCE.  197 

contiime  without  expostulation.  We  do  not  for  a 
moment  call  in  question  the  intention  of  those  who 
so  freely  give  the  Lodge  means  to  applicants,  but  we 
warn  them  that  they  cannot  thus  discharge  the  trust 
reposed  in  them,  nor  be  certain  that  in  thus  giving 
they  are  in  reality  assisting  the  meritorious;  that, 
on  the  contrary,  they  thus  in  many  instances  furnish 
the  means  for  idleness  and  dissipation,  and  in  the 
same  proportion  deprive  themselves  of  the  pleasure 
they  might  otherwise  enjoy  in  giving  more  generous- 
ly to  those  whose  right  is  undisputed. 

"We  hold  that  even  in  the  latter  case  there  is  more 
than  money  required  in  the  fulfillment  of  our  duty. 
Money  will  often  cut  the  knot  of  a  difficulty  which 
it  were  better  to  spend  a  little  time  in  untying.  A 
word  in  season  to  the  desponding,  or  of  encourage- 
ment to  those  honestly  striving,  may  produce  more 
lasting  benefit  than  any  amount  of  money  could  do 
without  them.  "  Words  fitly  spoken  are  like  apples 
of  gold  in  pictures  of  silver."  How  often  have  such 
words  enlivened  the  gloom  of  affliction  and  converted 
the  night  of  despair  into  the  morning  of  joy  !  How 
have  they  reclaimed  the  wanderer  from  the  paths  of 
vice,  and  shielded  the  unfortunate  from  the  shafts  of 
malice  and  oppression !  Yet  how  often  is  their  value 
lost,  and  conscience  silenced,  by  adding  an  extra  dol- 
lar or  so  to  the  appropriation  ? 


198  PRINCIPLES  AND   PRACTICE  OP 

To  be  entitled,  therefore,  to  ask  relief,  a  Mason 
must  not  only  be  in  real  need,  but  he  must  be  worthy 
and  under  the  general  ruling,  a  member  of  some 
Lodge  ;  for  one  of  the  disabilities  of  non-affiliated 
Masons  is,  that  they  have  no  claim  on  the  benevo- 
lence of  the  Fraternity.  Where  the  application  is 
made  by  the  widow,  or  in  behalf  of  orphan  children, 
it  is  required  that  proper  documentary  evidence  be 
furnished  that  the  applicants  are  entitled  to  claim 
relief  in  the  name  of  a  deceased  brother.  There  can 
be  no  question  that  when  the  widow  of  a  deceased 
Mason  marries  a  second  time  she  loses  all  claims 
upon  the  Fraternity  accruing  from  the  membership 
of  her  first  husband.  The  minor  children  are,  how- 
ever, regarded  as  still  having  a  claim. 

In  connection  with  this  topic,  the  estabHshment  of 
Lodges,  or  Boards  of  Belief,  presents  itseK ;  but  as 
their  management  is  purely  one  of  convenience,  and 
subject  to  no  law  but  what  the  brethren  controlling 
them  may  see  proper  to  enact,  it  is  out  of  place  in 
this  Treatise.  We,  however,  warmly  approve  of  and 
earnestly  recommend  them  to  the  Craft  of  all  large 
cities  and  towns,  as  having  proved  the  best  safe- 
guards against  impostors,  and  the  best  defence  of  the 
worthy  distressed. 

The  right  to  withdrato  from  membership,  or,  as  it 
is  technically'  called,  to  dimit,  is  one  that  leads  to 


MASONIC  JURISPRUDENCE.  199 

great  differences  of  opinion.  The  law  of  1721,  that 
"  No  set  or  number  of  brethren  shall  withdraw  or 
separate  themselves  from  the  Lodge  in  which  they 
were  made  brethren,  or  were  afterwards  admitted 
members,  unless  the  Lodge  become  too  numerous," 
evidently  does  not  apply  to  the  occasional  withdrawal 
of  individuals,  because  in  addition  to  the  term  "  set 
or  number  of  brethren"  it  is  required  that  the  with- 
drawal should  only  take  place  when  the  Lodge  be- 
comes too  numerous  ;  that  it  should  be  for  the  pur- 
pose of  forming  a  new  Lodge,  and  that  such  purpose 
should  have  the  sanction  of  the  Grand  Master  or  his 
Deputy,  by  the  issue  of  his  dispensation  to  form  such 
new  Lodge.  This  was  evidently  to  guard  against  the 
possibility  of  a  number  of  the  brethren,  under  the 
influence  of  sudden  passion,  withdrawing  from  a 
Lodge,  and  perhaps  breaking  it  up.  And  though  the 
same  purpose  might  be  accompHshed  by  the  with- 
drawing of  one  individual  after  another,  there  is  at 
all  events  a  better  opportunity  for  reason  and  a  sense 
of  duty  to  resume  their  sway,  than  if  the  majority 
should  be  allowed  to  dimit  at  once.  This  is,  how- 
ever, an  extreme  case,  hardly  likely  to  occur,  because 
the  majority  would  have  the  right  to  control  the  af- 
fairs of  the  Lodge,  and  direct  its  legislation  to  suit 
their  own  views. 

We  refer  to  the  right  of  an  individual  Mason,  for 


200  PRINCIPLES   AND   PPvACTICE   OF 

reasons  of  his  own,  to  sever  his  connection  with  the 
Lodge  of  which  he  may  be  a  member,  and  we  fail  to 
discover  any  general  law  to  prevent  it,  except  that 
the  dimitting  member  shall  be  clear  of  the  books — 
that  is,  have  paid  all  indebtedness  to  the  Lodge,  and 
that  there  be  no  charges  against  him  pending  at  the 
time  of  such  dimission.  Such  has  been  the  custom 
in  this  country  from  the  the  first  introduction  of  Ma- 
sonry into  it  till  within  a  few  years.  Various  attempts 
have  been  made  to  put  a  stop  to  the  evil  of  non-affil- 
iation ;  first,  by  attaching  disabilities  to  that  condi- 
tion, and  then  by  requiring  the  withdrawing  member 
to  obtain  the  consent  of  his  Lodge,  in  addition  to  the 
requirements  above  stated.  The  argument  is,  that 
as  the  consent  of  the  Lodge  is  required  for  the  ad- 
mission of  a  member,  so  it  should  be  necessary  to 
the  severance  of  that  connection.  Speaking  of  this 
argument,  a  distinguished  Craftsman  has  well  said  : 
"  The  theory  here  laid  down  may  be  one  which  com- 
mends itseK  to  favorable  consideration,  but  I  feel 
constrained  to  say  that,  in  practice,  it  is  not  entitled 
to  the  same  regard.  I  can  see  no  vaHd  reason  why 
a  brother  in  good  standing,  if  not  a  Master  or  War- 
den, who  has  discharged  all  his  pecuniary  obliga- 
tions to  his  Lodge,  and  so  long  as  he  leaves  members 
enough  to  form  a  working  Lodge,  should  not  be  per- 
mitted to  dimit  of  his  own  volition,  and  without  tak- 


MASONIC  JUEISPRUDENCE.  201 

ing  any  vote  whatever  on  the  subject.  Many  things 
might  be  said  which  would  sustain  this  view,  but  I 
will  only  cite  a  single  case.  It  is  impossible  to  en- 
force the  regular  attendance  of  a  member  of  a  Lodge 
who  has  been  foiled  in  his  effort  to  withdraw  from  it, 
except  by  the  service  of  a  summons  upon  him  previ- 
ously to  each  communication.  Even  that  compulsory 
process  might  be  evaded  by  a  brother,  if  he  should 
so  choose,  without  making  him  liable  to  the  infliction 
of  any  penalty.  We  will  suppose  that  such  a  brother 
had  conscientious  scruples,  which,  if  disclosed,  would 
involve  the  honor  of  his  family,  against  associating 
with  a  member  of  his  Lodge  ;  or  suppose  any  other 
cause  to  exist,  leading  to  the  same  result,  what  be- 
comes the  necessary  effect  of  this?  The  brother 
either  suffers  his  name  to  be  struck  from  the  roll  for 
non-payment  of  dues,  or  pays  dues  for  privileges 
which  he  cannot  conscientiously  enjoy,  and  avoids 
attendance  on  his  Lodge.  Hence  it  is  that  the  Craft 
loses  the  services  of  a  good  member,  and  virtually 
puts  him  out  of  the  pale  of  association  of  a  Lodge 
which  he  can  call  his  own,  by  preventing  his  affilia- 
tion with  one  more  congenial  to  his  taste,  or  his 
sense  of  propriety.  I  can  see  no  good  reason  why 
we  should  not  return  to  the  voluntary  system,  under 
which  we  very  happily  worked  in  years  past."* 

*  M.  W.  John  J.  Crane,  M.D.  ;  annual  address  to  the  Grand 
Lodge  of  New  York,  1863. 


202  PRINCIPLES  AND  PRACTICE  OF 

As  it  is  undoubtedly  true,  that  a  brother  kept  in 
afl&liation  with  his  Lodge  is  only  a  nominal  member, 
and  can  be  of  no  earthly  use  beyond  the  amount  of 
dues  he  may  contribute,  we  think,  with  the  brother 
just  quoted,  that  the  interests  of  all  parties  would  be 
best  served  by  leaving  each  member  to  change  his 
affiliation,  or  even  to  incur  the  odium  of  non-affilia- 
tion, when  he  can  no  longer  maintain  the  emulation 
as  to  who  can  "  best  work"  and  who  "  best  agree." 
But  if  we  admit  the  right  of  a  brother  in  good  stand- 
ing to  withdraw  at  pleasure,  we  cannot  deny  that  the 
granting  of  a  certificate  of  that  fact  is  a  legislative 
act  which  the  Lodge  may  or  may  not  do.  Without 
that  certificate  the  brother  cannot  affiliate  elsewhere, 
for  it  is  the  general  sense  of  the  Craft  that  no  Lodge 
can  affiliate  a  member  unless  he  be  able  to  show  that 
he  has  honorably  withdrawn  from  the  Lodge  to  which 
he  last  belonged,  and  that  evidence  is  the  dimii*  It 
is  therefore  most  masonic  and  fraternal  that  the  sev- 
erance of  membership  should  be  a  matter  of  mutual 
understanding  ;  that  the  brother  should  understand 
that  if  he  withdraw  in  the  heat  of  passion,  or  against 
the  sense  of  the  brethren,  he  incurs  the  risk  of  losing 
the  document  necessary  to  his  admission  elsewhere  ; 
and,  on  the  other  hand,  that  the  Lodge,  when  a  bro- 
ther in  good  standing  desires  to  withdraw,  and  a 

*  See  Appendix. 


MASONIC   JURISPRUDENCE.  203 

fraternal  remonstrance  fails  to  change  his  purpose, 
should  allow  him  to  consummate  his  purpose,  and 
afford  him  the  requisite  facility  for  an  affiliation  that 
may  be  more  convenient  or  agreeable  to  him.  It  will 
be  understood  that  where  there  is  a  local  regulation 
it  wiU  necessarily  govern  any  action  that  may  be  pro- 
posed or  taken. 

Where  a  vote  is  taken  on  an  application  for  a 
dimit,  and  carried  in  the  affirmative,  it  cannot  be  re- 
considered, for  the  reason  that  by  the  announcement 
of  its  passage  the  member  at  once  becomes  non-affil- 
iated ;  and  though  he  might  instantly  repent  of  his 
appHcation,  he  can  onty  regain  his  lost  membership 
by  petition  and  a  unanimous  ballot  in  his  favor.  A 
dimit  must  be  applied  for  in  person,  or  if  in  writing, 
then  over  the  proper  signature  of  the  brother  desir- 
ing it.  The  act  cannot  be  accomplished  through  a 
third  party,  for  evident  reasons. 

Lastly,  a  Master  Mason  who  dies  in  good  standing 
has  a  right  to  burial  with  the  ancient  formalities  of 
the  institution.  The  earliest  authority  we  find  upon 
this  subject  is  that  of  Preston,  who  says  :  "  No  Ma- 
son can  be  interred  with  the  formahties  of  the  Order 
unless  it  be  at  his  own  special  request,  communicated 
to  the  Master  of  a  Lodge  of  which  he  died  a  mem- 
ber ;  foreigners  and  sojourners  excepted  ;  nor  unless 
he  has  been  advanced  to  the  third  degree  of  Mason- 


204  PRINCIPLES  AND  PRACTICE  OP 

ry,  from  which  restriction  there  can  be  no  exception. 
Fellow  Crafts  or  Apprentices  are  not  entitled  to  the 
funeral  obsequies."  As  the  first  edition  of  Preston's 
Illustrations,  from  which  this  extract  is  taken,  was 
published  in  1772,  it  is  questionable  whether  the  cer- 
emony at  funerals,  and  the  regulations  concerning 
them,  were  very  much  older  than  Preston  himself. 
They  are  now,  however,  universally  obeyed,  and  the 
exhortation  at  the  grave,  written  by  him,  is  substan- 
tially that  in  use  throughout  the  United  States.  It 
is  now  held  that  none  but  affiliated  Masons,  except 
foreigners  or  sojourners,  have  a  right  to  masonic 
burial ;  and  hence,  that  non-affihated  Masons  cannot 
be  thus  interred,  which  is  in  accordance  with  the 
regulation  quoted ;  for  the  request  must  have  been 
preferred  to  the  Lodge  of  which  the  brother  died  a 
member.  In  the  case  of  a  member  who  dies  in  good 
standing,  but  without  making  such  request,  the  fu- 
neral honors  are  generally  accorded  to  his  remains 
at  the  request  of  his  family  or  near  relatives. 

It  was  a  rule  in  Preston's  time,  that  there  should 
be  no  funeral  or  other  pubHc  procession  in  the  badges 
and  insignia  of  masonry,  without  a  dispensation  had 
first  been  obtained  from  the  Grand  Master  or  his 
Deputy ;  and  the  avowed  object  of  the  regulation 
was  to  prevent  the  too  frequent  appearance  of  the 
brethren  in  public,  and  that,  too,  on  occasions  not 


MASONIC  JURISPRUDENCE.  205 

likelj  to  advance  the  cause  of  Masonry,  or  enhance 
its  position  in  the  public  estimation.  For  Hke  rea- 
sons a  similar  rule  prevails  in  nearly  every  Grand 
Lodge  jurisdiction  in  this  country,  though  the  law  is 
generally  more  stringent  in  large  cities  than  in  the 
rural  districts,  where  there  is  less  hability  to  abuse. 
A  proper  regard  for  the  proprieties  of  a  funeral 
solemnity  requires  that  the  brethren  should  wear 
dark  clothing,  and  leave  at  home  all  Masonic  deco- 
rations but  plain  white  aprons,  white  gloves,  and  the 
sprig  of  evergreen. 


SECTION  V.-NON-AFFILIATED  MASONS. 

By  non-affiliated  Masons  is  understood  those 
brethren  who  have  received  the  several  degrees  of 
symbolic  Masonry,  but  who  are  not  attached  to  any 
Lodge,  which,  previous  to  the  revival  of  1717,  was 
the  status  of  the  whole  Craft ;  when,  as  we  under- 
stand it.  Lodges  were  distinguished  by  their  place 
of  meeting  :  as,  those  at  the  Goose  and  Gridiron,  in 
St.  Paul's  churchyard ;  the  Crown,  in  Parker's  lane, 
near  Drury  lane  ;  the  Apple-tree  Tavern,  in  Charles 
street,  Covent  Garden ;  the  Eummer  and  Grapes 
Tavern,  in  Channel-row,  Westminster,  etc.,  rather 
than  by  any  permanent  or  continuous  organization, 
and  a  Mason  was  a  member  of  the  Lodge  he  hap- 


206  PRINCIPLES  AND    PRACTICE    OF 

pened  to  attend  ;  but  since  that  time  it  is  held  that  a 
brother  ought  to  belong  to  some  Lodge  and  be  subject 
to  its  by-laws  and  the  General  Kegulations.  There  is, 
however,  a  large  number  (comparatively  speaking) 
of  unaffiliated  Masons  who  are  beheved  to  be  able  to 
bear  their  proportion  of  the  general  burden,  but  who 
in  a  great  measure  escape  it  by  neglecting  or  refus- 
ing to  keep  up  membership  in  a  Lodge.  This  is  felt 
to  be  so  great  an  injustice,  that  in  many  jurisdictions 
it  is  called  a  Masonic  crime,  and  many  Grand  Lodges 
have  sought  to  punish  it  as  such — attempts  which 
have  thus  far  been  but  moderately  successful ;  prin- 
cipally because  there  has  been  no  unity  of  action  or 
sentiment  on  the  question,  a  result  in  a  great  mea- 
sure due  to  a  foolish  spirit  of  exclusiveness,  which 
prevents  Grand  Lodges  from  mutual  consultation  and 
action  on  subjects  in  which  all  alike  are  interested. 
Some  of  the  legislation,  too,  has  been  of  a  character 
to  effect  the  very  reverse  of  what  was  intended.  Men 
wiU  not  always  be  forced  to  do  right ;  on  the  con- 
trary, the  very  effort  to  do  so  produces,  in  a  majority 
of  cases,  an  aggravation  of  the  evil  sought  to  be  rem- 
edied. 

Certain  disabilities  are,  however,  now  admitted  to 
be  the  consequence  of  non-affiliation,  and  Masons 
thus  situated  are,  it  is  agreed  : 

Not  entitled  to  claim  relief  from  the  funds  of  the 
Lodge  or  Grand  Lodge. 


MASONIC  JURISPRUDENCE.  207 

Not  entitled  to  visit  any  Lodge  more  than  twice 
while  they  remain  non-members. 

Not  entitled  to  join  in  Masonic  processions. 

Not  entitled  to  the  honors  of  Masonic  burial. 

They  nevertheless  remain  subject  to  the  general 
rules  of  the  Fraternity,  and  may  be  tried  and  pun- 
ished for  an  infraction  of  them  by  any  Lodge  within 
the  jurisdiction  of  which  they  may  happen  to  be. 

They  may,  when  in  true  and  imminent  danger,  ask 
assistance  in  the  usual  method,  and  a  Mason  must 
respond,  because  in  such  case  he  cannot  stop  to  ask 
questions,  which  might  also  be  the  case  with  an  ex- 
pelled or  suspended  brother. 

Whenever  the  Craft  generally  unite  in  considering 
a  non-contributing  drone  as  no  Mason,  and  refuse 
him  the  privileges  of  the  Lodge,  except  one  visit  to 
enable  him  to  select  one  in  which  he  can  affiliate,  the 
number  will  grow  less  ;  but  while,  as  at  present,  they 
are  frequently  allowed  to  visit  the  same  Lodge  many 
times,  it  is  probable  that  the  army  of  those  who  be- 
grudge the  pittance  necessary  to  maintain  active 
membership  will  continue  to  increase. 


208  PRINCirLES  AND    PRACTICE  OF 

CHAPTEE     VII. 

If  any  one  were  disposed  to  claim  for  Masonrj%  or 
for  Masons,  anything  not  rightfully  belonging  to  hu- 
manity, and  subject  to  its  frailties  and  short-comings, 
the  caption  of  tliis  chapter  ought  to  dispel  the  illu- 
sion. It  is  at  once  an  acknowledgment  of  our  falli- 
bility and  an  assurance  that,  recognizing  the  infirmi- 
ties of  human  nature,  we  have  prepared  to  deal  with 
the  erring,  not  harshly,  nor  at  the  behest  of  arbitrary 
will,  but  firmly,  mercifully,  and  in  the  spirit  of  im- 
partiality ;  meting  out  justice  to  the  guilty  without 
fear  or  favor,  but  governing  our  investigations  by 
that  charitable  principle  of  the  common  law  which 
regards  every  man  as  innocent  till  he  is  fairly  proved 
guilty.  This  was  not  always  so  ;  for  the  period  is 
not  very  far  in  the  past  when  it  was  held  that,  as  a 
Mason's  reputation,  like  that  of  the  Eoman  matron, 
should  be  above  suspicion,  so  the  very  fact  of  charges 
being  preferred  against  him  was  the  signal  for  his 
loss  of  caste,  and  he  was  called  to  prove  his  inno- 
cence before  his  guilt  had  been  estabHshed.  So  mon- 
strous a  proposition  carried  with  it  its  own  (^ondem- 


MASONIC  JURISPRUDENCE.  209 

nation,  and  in  the  more  just  and  liberal  views  that 
now  prevail  we  see  that  while  the  world  moves  Ma- 
sonry moves  with  it.  It  is  a  matter  of  frequent  com- 
plaint, that  the  administration  of  the  penal  laws  of 
Masonry  is  too  complicated  for  the  general  compre- 
hension, and  that,  with  the  aid  of  a  lawyer,  even  the 
guilty  may  escape  merited  punishment.  There  is 
not,  however,  sufficient  ground  for  the  complaint ; 
for  in  our  somewhat  extensive  experience  in  such 
matters  we  have  not  met  with  such  a  case.  We  liave 
known  instances  where  the  brethren,  feeling  a  moral 
certainty  that  an  accused  brother  was  guilty,  have 
murmured  because  they  were  not  allowed  to  declare 
him  so,  in  the  absence  of  all  legal  proof !  And  the 
brother  acting  as  counsel  has  been  severely  and  un- 
justly criticised  for  standing  between  his  cHent  and 
any  such  unlawful  conclusion.  It  is  a  very  common 
mistake  of  men  unused  to  legal  proceedings,  to  adopt 
the  convictions  of  their  own  minds  as  to  the  guilt 
of  a  brother  under  charges,  without  any  regard  to 
the  production  of  such  evidence  as  would  lead  a  to- 
tally unbiased  person  to  the  same  conclusion ;  and 
these  are  the  ones  most  likely  to  regard  the  forms 
of  law  as  irksome  and  intricate,  because  apparently 
delaying  a  decision  to  which  they  arrive  without  any 
form  at  all.  We  need  not  detain  the  reader  with 
argument  to  refute  so  untenable  a  position,  but  con- 


210  PRINCITLES  AND  PRACTICE  OF 

tent  ourselves  with  saying,  for  the  sake  of  many 
good  brethren  who  do  not  seem  to  comprehend  the 
value  of  judicial  proceedings,  that  the  rights  of  a 
Mason  are  sacred ;  that  he  not  only  has  a  right  to 
their  enjoyment,  but  a  claim  to  the  assistance  and 
protection  of  all  other  Masons  in  maintaining  them  ; 
and  hence,  that  he  can  only  be  deprived  of  them  on 
the  clearest  proof,  and  being  afforded  every  fair  op- 
portunity to  establish  his  defence. 

The  Penal  Code  of  Masonry  has  three  divisions  ; 
Masonic  Offences,  Masonic  Trials,  and  Masonic  Pun- 
ishments; connected  with  which  is  the  subject  of 
Restoration.  We  will  notice  them  in  the  order  here 
named. 

SECTION  I.-MASONIC  OFFENCES. 

The  first  of  the  Ancient  Charges  informs  us,  that : 
"A  Mason  is  obliged,  by  his  tenure,  to  obey  the 
moral  law  ;"  and  this  may  be  said  to  be  the  key  to 
all  the  requirements  for  the  conduct  of  the  brethren. 
The  moral  law  is  the  first  of  all  laws,  because  it  in- 
cludes the  law  of  God,  and  to  violate  one  is  to  vio- 
late both.  The  rights  and  benefits  of  Masonry  are 
conferred  on  a  profane,  under  the  beHef  that  he  has 
a  good  moral  character  and  standing  in  the  commu- 
nity, and  that  the  manner  of  life  which  has  acquired 


MASONIC  JURISPRUDENCE.  211 

sucli  a  character  for  liim  will  be  continued  when, 
having  been  admitted  to  the  Fraternity,  he  shall  be- 
come an  exemplar  of  its  teachings.  It  is  on  this  con- 
dition, or  as  it  is  technically  called,  "  tenure,"  that 
he  is  permitted  to  enter  the  Temple  ;  on  it  that  he  is 
allowed  to  enjoy  the  privileges  of  the  Craft  and  claim 
its  protection  when  needed  ;  by  his  observance  of  it 
that  he  can  really  say  that  he  is  a  Mason,  or  that  he 
can  be  qualified  to  sit  in  judgment  on  his  brethren 
who  yield  to  temptation.  And  therefore  we  say,  that 
an  offence  against  the  moral  law  is  an  offence  against 
Masonry  ;  for  Masonry  is,  and  from  the  very  nature 
of  its  constitution  can  only  be,  a  system  of  morality. 
It  therefore  follows,  that  a  Mason  who  indulges  in 
the  vices  of  profane  swearing,  habitual  intoxication, 
or  others  that  subject  him  to  contempt,  and  bring 
shame  and  disgrace  upon  the  Fraternity,  represented 
in  his  person,  or  who  wilfully  violates  the  solemn 
sanctions  of  his  covenants,  is  a  Masonic  offender. 
Some  of  these  offences  are  naturally  more  venial 
than  others,  and  subject  to  a  much  less  penalty  on 
conviction,  and  in  those  cases  it  is  held  that  the  dis- 
cipline of  the  Craft  cannot  be  exercised  till  the  of- 
fender has  been  admonished  by  the  Master  or  War- 
dens, as  provided  in  the  ninth  of  the  Kegulations  <  »i' 
1721.  We  regard  this  as  a  very  important  rule,  not 
only  as  being  in  the  oldest  written  law,  but  because 


212  PRINCIPLES  AND   PRACTICE   OF 

it  exemplifies  the  spirit  of  Masonry,  which,  like  "true 
charity,  is  long-suffering  and  kind,  and  seeks  to  ex- 
haust the  influences  of  brotherly  love  before  resort- 
ing to  sterner  proceedings. 

There  are  offences  against  the  moral  law  which  are 
so  heinous  in  their  nature  that  to  dally  with  them 
by  remonstrance  or  admonition  would  almost  be  to 
approve  them  ;  in  such  cases,  proceedings  should  be 
instituted  and  carried  _to  conclusion  without  other 
than  the  necessary  legal  delay. 

Violations  of  the  Masonic  law — as,  wilful  disobe- 
dience of  the  constitution  or  the  by-laws  of  a  Lodge  ; 
Masonic  intercourse  with  a  clandestine  Lodge  or 
Mason,  or  with  a  suspended  or  expelled  brother; 
defrauding  a  brother  Mason  ;  embezzling  the  funds 
of  the  Lodge  or  Grand  Lodge ;  violating  the  unwrit- 
ten landmarks ;  refusing  obedience  to  the  lawful  com- 
mands of  a  Masonic  superior  ;  wilfully  neglecting  or 
refusing  to  obey  a  summons,  are  offences  in  Masonry 
which  subject  the  offender  to  punishment  of  greater 
or  less  severity,  according  to  the  circumstances  of 
the  case.  In  all  these  instances,  and  many  others 
that  might  be  enumerated,  a  discreet  Master  will 
mark  out  a  course  to  be  pursued  with  greater  accu- 
racy than  could  be  accompHshed  by  any  general  rule 
we  could  frame. 

Violatiag  the  law  of  the  land  is  necessarily  a  Ma- 


MASONIC   JUKISPRUDENCE.  213 

sonic  offence,  because  the  offender  in  disgracing  him- 
self also  disgraces  the  Fraternity,  the  whole  Craft 
receiving  blame  for  the  acts  of  the  individual.  In 
such  a  case,  charges  are  to  be  preferred  as  though 
no  trial  had  taken  place  before  the  civil  tribunal ;  but 
it  is  not  necessary  that  aU  the  evidence  should  be  re- 
peated. The  testimony  of  two  brethren  who  were 
present  at  the  civil  trial,  and  who  certify  the  general 
tenor  of  the  evidence,  will  be  sufficient ;  or,  where 
the  accused  is  abeady  convicted  of  a  felony,  the  of- 
ficial record  of  such  conviction  will  be  sufficient  evi- 
dence for  the  prosecution. 

In  deahng  with  such  cases,  a  distinction  is  to  be 
made  between  felonies  and  misdemeanors.  Felonies 
entail  personal  disgrace  and  loss  of  character,  while 
misdemeanors  may  be  the  simple  neglect  of  a  corpo- 
ration ordinance  entailing  a  trivial  fine.  The  best  of 
men  may  be  comdcted  of  such  an  offence  without  dis- 
grace. 

Pohtical  offences  cannot  be  made  the  subject  of 
Masonic  discipKne,  because  Masonry  takes  no  cogni- 
zance of  pohtical  differences.  "  So  that  if  a  brother 
should  be  a  rebel  against  the  State,  he  is  not  to  be 
countenanced  iu  his  rebellion,  however  he  may  be 
pitied  as  an  unhappy  man ;  and  if  convicted  of  no 
other  crime,  though  the  loyal  brotherhood  must  and 
ought  to  disown  his  rebellion  and  give  no  umbrage 


214  PRINCIPLES  AND   PRACTICE   OF 

or  ground  of  political  jealousy  to  the  government  for 
the  time  being,  they  cannot  expel  him  from  the  Lodge, 
and  his  relation  to  it  remains  indefeasible."* 

Rehgious  differences,  especially  in  coimtries  where 
ecclesiastical  powers  are  recognized  by  the  State,  are 
subject  to  the  like  rule  for  similar  reasons. 

SECTION  n.-MASONIC  TRIALS. 

In  the  whole  range  of  Masonic  topics,  there  is  none 
more  difficult  to  deal  with  than  the  one  we  now  pro- 
pose to  examine ;  not  so  much  from  any  inherent  dif- 
ficulty in  the  subject  itself,  as  because  it  is  one  about 
which  the  generahty  of  the  Craft  know  Httle  or  noth- 
ing, and  (in  one  sense  it  may  be  said)  fortunately 
have  little  opportunity  to  acquire  knowledge.  For 
when  a  trial  takes  place,  it  is  usually  confined  to  the 
Lodge  having  jurisdiction,  visitors  being,  very  pro- 
perly, excluded ;  and  thus  many  of  the  brethren  know 
nothing  of  the  forms  usual  to  such  occasions.  The 
judicial  powers  of  a  Lodge  are,  however,  a  part  of  its 
well-estabHshed  prerogatives,  and  it  is  proper  that 
their  intention  should  be  understood,  as  well  as  the 
forms  by  which  they  are  accompKshed. 

Li  a  majority  of  Grand  Lodge  jurisdictions,  trials 
are  held  in  open  Lodge  ;  but  as  in  many  cases  it  is 
necessary  for  committees  to  be  appointed  to  take  the 

*  Ancient  Charges,  Art.  IL 


MASONIC  JURISPRUDENCE.  215 

evidence  of  persons  who  could  not  be  present  to  tes- 
tify, it  will,  we  thiak,  eventually  be  the  general  rule 
to  name  committees  to  take  all  the  evidence  during 
the  recess  of  the  Lodge,  and  present  that  evidence, 
with  the  conclusions  of  the  committee,  to  the  Lodge 
for  its  final  action.  Such  is  the  practice  ia  the  State 
of  New  York,  and  we  shall  here  follow  that  model 
not  only  for  the  sake  of  perspicacity,  but  in  the  hope 
that  a  knowledge  of  its  advantages  may  lead  to  its 
general  adoption.  The  forms  used  we  have  placed 
in  the  Appendix,  for  the  convenience  of  Lodges  where 
they  are  the  law,  and  for  the  examination  of  brethren 
elsewhere.  The  object  of  Masonic  trials,  Hke  all  oth- 
ers, is  to  demonstrate  the  guUt  or  innocence  of  the 
brother  under  charges,  by  the  testimony  of  competent 
witnesses,  before  an  unbiased  tribunal,  where  every- 
thing may  be  done  in  a  regular  and  orderly  manner, 
and  where  there  may  be  as  absolute  certainty  as  the 
imperfection  of  human  natiu-e  tvtU  admit,  that  impar- 
tial justice  win  be  awarded  ;  the  accused  being  enti- 
tled to  the  presumption  of  innocence  till  proved 
guQty,  and  the  accuser  to  purity  of  motive  and  sia- 
cerity  of  purpose.  Trials  occur  either  as  the  result 
of  an  accusation  against  a  brother  for  uninasonic 
conduct,  or  to  determiae  controversies  between 
Lodges  or  individuals. 

The  first  step  in  a  Masonic  trial  is  the  presentation 


216  PRINCIPLES   AND  PRACTICE  OF 

of  charges,  which  must  be  done  in  open  Lodge,  at  a 
stated  communication  bj  a  brother  in  good  standing 
(usually  the  Junior  Warden),  non-affiliated  Masons 
and  profanes  not  being  competent  to  prefer  charges. 

The  charges  must  be  in  writing,  and  must  fully 
specify  the  offence  charged,  together  with  the  time 
and  place  of  its  commission,  and  must  be  signed  by 
the  accuser,  even  when  presented  by  the  Jiuiior  War- 
den. The  indictment  is  read  in  open  Lodge  by  the 
Secretary,  and  the  Lodge  decides  by  vote  whether 
the  charges  shall  be  accepted  and  the  accused  bro- 
ther be  placed  on  trial.  When  decided  in  the  affirm- 
ative, the  Master  appoints  a  commission  of  three,  five 
or  more  members,  to  hear,  try  and  determine  the 
same. 

The  next  step  is  the  service  of  the  charges,  which 
is  done  by  the  Secretary  furnishing  a  copy  certified 
by  the  Lodge  seal,  which,  together  with  a  summons 
directing  the  delinquent  to  appear  at  a  time  and 
place  therein  named,  with  his  witnesses,  for  the  pur- 
pose of  trial,  is  personally  served  on  him,  or  left  at 
his  residence  or  place  of  business. 

The  time  allowed  between  the  service  of  charges 
and  the  trial  varies  according  to  cu'cumstances. 
Where  the  accused  is  a  resident  of  the  place  in  which 
the  Lodge  is  held,  ten  days  are  generally  deemed 
sufficient,  though,  for  cause  shown,  a  further  reason- 


MASONIC  JURISPEUDENCE.  217 

able  delay  will  always  be  granted.  When  the  accused 
resides  more  than  twenty  miles  from  the  Lodge,  ser- 
vice is  allowed  by  mail,  and  twenty  or  thirty  days 
are  given,  and  longer  time  when  at  a  greater  distance 
and  out  of  the  State.  If  the  residence  be  unknown, 
or  the  dehnqnent  has  absconded,  the  Lodge  may 
proceed  ex  parte  and  conduct  the  case  as  though  the 
delinquent  were  present.  When  the  summons  is  dis- 
obeyed, then  another  is  issued  and  served,  citing  the 
accused  to  show  cause  why  he  should  not  be  disci- 
pHned  for  such  contempt,  and  in  the  event  of  contin- 
ued neglect,  the  committee  may  either  report  judg- 
ment for  contempt,  or  proceed  to  hear  the  evidence 
as  in  the  case  of  an  absconding  member. 

On  receipt  of  the  charges,  the  defendant  should, 
previous  to  the  time  named  for  the  trial,  make  an- 
swer to  them  in  writing,  in  which  he  may  either  sim- 
ply plead  not  guilty,  or  admit  a  portion  and  deny  the 
rest  of  the  specifications,  as  to  him  may  seem  proper. 
The  object  of  this  is  to  save  time  in  the  investigation 
by  reducing  the  facts  requiring  proof  to  the  narrow- 
est possible  hmits,  and  to  avoid  all  extraneous  mat- 
ters tending  to  complicate  the  trial.  This  suggestion 
will  be  found  of  great  convenience  in  controversies 
between  individuals  or  Lodges,  or  where  charges  are 
preferred  against  a  Master  by  his  Lodge,  as  afford- 
ing an  opportunity  for  explanation  and  a  possibility 
10 


218  PRINCIPLES  AND   PRACTICE   OP 

of  mutual  arrangement,  wliich  ought  always  to  be  the 
first  aim  of  all  concerned. 

Where  controversies  arise  between  Lodges,  or  be- 
tween individuals  or  the  members  of  different  Lodges, 
the  general  custom  is  for  the  trial  to  be  had  in  or  by 
the  Lodge  to  which  the  member  belongs  against 
whom  charges  are  first  made ;  but  though  we  are 
not  prepared  to  say  that  a  fair  trial  may  not  be  thus 
obtaiued,  there  is  nevertheless  in  such  a  course  an 
apparent  want  of  that  strict  impartiahty  which  is  at 
the  very  foundation  of  justice.  It  therefore  appears 
fairer  that  such  complaints,  as  well  as  those  against 
Masters  of  Lodges,  should  be  made  to  the  Grand 
Lodge,  or  its  officers  charged  with  that  duty,  and 
that  they  should  select  commissioners  from  among 
the  Masters  and  Wardens  of  neighboring  Lodges  ad- 
mittedly free  from  aU  bias  in  the  premises.  When 
charges  are  thus  preferred,  the  commission  make 
their  report  to  the  Grand  officer  appointing  them, 
and  their  judgment  is  fiinal,  unless  the  proceedings 
be  found  irregular  and  a  new  trial  be  ordered,  or  an 
appeal  be  made  to  the  Grand  Lodge.  In  the  latter 
case,  the  delinquent  remains  under  effect  of  the  sen- 
tence tin  it  is  legally  reversed. 

At  any  time  before  the  trial,  the  defendant  may 
offer  objections  to  the  commissioners,  on  the  score  of 
bias,  and  when  tliis  happens  they  should  either  re- 


MASONIC   JURISPRUDENCE.  219 

sign,  or  be  removed  by  the  appointing  power,  or  tri- 
ers be  appointed  and  the  defendant  be  allowed  an 
opportunity  to  show  cause.  These  things  would  be 
allowed  a  defendant  in  civil  law.  How  much  more 
ought  it  to  be  done  when  the  reputation  of  a  brother 
is  at  stake. 

All  the  preliminaries  having  been  adjusted,  the 
commission  meet  at  the  time  and  place  named  in  the 
summons  and  organize  by  the  appointment  of  one  of 
then*  number  chairman,  and  a  clerk,  who  need  not 
necessarily  be  a  commissioner.  The  defendant  is 
then  admitted  with  his  counsel,  if  he  have  one.  Any 
Master  Mason  in  good  standing  may  act  as  such 
counsel,  but  not  a  profane.  The  charges  and  speci- 
fications are  read,  and  the  case  is  then  open.  At  this 
period  the  defendant  may  offer  in  writing  any  objec- 
tions he  thinks  proper  to  make,  to  the  jurisdiction  of 
the  Lodge,  to  the  defective  nature  of  the  specifica- 
tions or  others.  The  commission  will  decide  as  to 
their  vahdity.  If  the  points  of  objection  are  found 
to  be  well  taken,  it  would  be  useless  to  proceed  fur- 
ther, because  there  would  be  a  reasonable  certainty 
that  on  appeal  the  proceedings  would  be  reversed. 
If,  on  the  contrary,  they  be  deemed  invalid,  and  the 
commission  so  decide,  a  note  to  that  effect  is  entered 
on  the  miautes,  and  a  copy  of  the  paper  is  filed  with 
the  clerk  as  a  part  of » the  case.    It  would,  however, 


220  PRINCIPLES  AND  PRACTICE  OF 

be  better,  as  we  have  already  observed,  that  all  such 
objections  should  be  made  in  the  written  answer  of 
the  defendant  to  the  charges,  to  be  served  on  the 
commission  as  soon  after  the  reception  of  the  charges 
as  possible,  that  the  commissioners  may  have  ample 
time  to  consider  them  before  making  a  decision. 

The  examination  of  witnesses  (who  are  to  be  called 
before  the  commission,  one  at  a  time,)  will  now  take 
place ;  first,  in  behalf  of  the  prosecution,  and  then 
for  the  defence.  And  here  we  may  devote  a  moment 
to  inquire  who  may  be  witnesses  on  a  Masonic  trial. 

Children  of  tender  years,  unable  to  comprehend 
the  solemnity  of  an  obHgatian  ;  persons  of  unsoimd 
mind,  atheists  ;  persons  who  have  been  convicted  of 
heinous  crimes,  and  expelled  Masons,  are  incompe- 
tent to  testify.  In  addition  to  these,  it  should  be  the 
rule,  although  it  is  not  always,  that  persons  inter- 
ested in  the  result  of  the  trial — that  is,  persons  whose 
interests  would  be  affected,  either  favorably  or  unfa- 
vorably, by  the  result — should  not  be  allowed  to  tes- 
tify. Masons  wives  are  generally  allowed  to  give 
evidence  on  the  trial  of  their  husbands,  when  desired 
to  do  so ;  but  we  think  the  practice  an  unsafe  one, 
and  one  that  ought  to  be  guided  by  the  rule  in  civil 
law  which  forbids  such  testimony.  Women  not  thus 
interested,  and  profanes,  may  give  evidence  before  a 
commission,  but  where  the  trial  is  in  open  Lodge, 


MASONIC   JURISPRUDENCE.  221 

they  would  liave  to  be  examined  by  a  committee 
named  for  the  purpose,  and  in  presence  of  the  ac- 
cused, who  has  the  right  to  propound  cross-interrog- 
atories, and  who  would  accompany  the  committee  for 
that  purpose. 

Lodge-books  and  vouchers,  and  certified  extracts 
therefrom,  are  occasionally  and  properly  introduced 
as  testimony. 

Master  Masons  in  good  standing  are  of  course 
competent  witnesses,  and  give  their  testimony  under 
the  sanction  of  their  covenants,  the  commission  hav- 
ing no  power  to  administer  judicial  oaths,  and  not 
being  allowed  to  do  so  if  they  had. 

The  accused  has  the  right  to  cross-examine  all  wit- 
nesses. 

The  general  rules  of  evidence  apply  in  Masonic 
trials,  but  not  aU.  For  instance,  where  a  brother 
is  charged  with  habitual  intoxication  no  evidence  can 
be  introduced  tending  to  convict  him  of  fraud,  or  any 
other  crime ;  nor  would  it  be  proper  to  attempt  to 
ehcit  such  information  on  the  examination  of  a  wit- 
ness placed  on  the  stand  to  substantiate  the  charge 
of  intoxication.  This  is  one  of  the  errors  into  which 
brethren  unaccustomed  to  legal  proceedings  are  most 
likely  to  be  led  ;  and  more  judgments  are  reversed 
on  such  grounds  than  almost  any  other.  No  attempt 
should,  therefore,  be  made  to  prove  anything  nofc 
laid  down  in  the  charges. 


222  PRINCIPLES  AND    PRACTICE  OP 

The  questions  asked,  and  the  answers  given  by  the 
witnesses,  are  to  be  -svritten  down  verbatim  by  the 
clerk — first  the  direct,  and  then  the  cross-examina- 
tion ;  and  when  the  deposition  of  a  witness  is  con- 
cluded, it  should  be  read  over  to  him,  and  he  should 
approve  its  correctness  by  appending  his  signature 
to  it. 

Hearsay  evidence  cannot  be  admitted ;  the  wit- 
nesses must  be  able  to  testify  of  his  own  knowledge, 
or  not  at  all. 

A  Master  Mason  cannot  be  impeached.  He  may 
be  contradicted  by  the  introduction  of  witnesses  to 
prove  a  contrary  state  of  facts  to  that  alleged  by  him, 
but  no  witnesses  can  be  allowed  to  testify  that  they 
would  not  beheve  him  under  oath,  as  is  frequently 
done  in  civil  suits.  If  a  Mason  has  so  far  lost  his 
character  as  to  be  unworthy  of  behef,  even  when  tes- 
tifying under  oath,  there  must  be  some  cause  for  it, 
and  he  should  therefore  be  put  under  charges,  tried, 
and  excluded  from  the  Craft ;  but  until  these  things 
have  been  done,  he  is  entitled  to  the  considerations 
attaching  to  regular  standing. 

Lastly,  the  object  of  a  Masonic  trial  is  to  ascertain 
the  exact  truth  in  regard  to  a  charge  preferred,  that 
strict  justice  may  govern  the  administration  of  disci- 
pline. No  mere  technicality  ought  to  be  allowed  to 
stand  in  the  way  of  producing  the  necessary  facts, 


MASONIC   JURISPRUDENCE.  223 

and  wlien  such  teclinicalities  are  insisted  upon  by 
counsel,  the  better  way  would  be  to  note  the  objec- 
tion on  the  minutes,  produce  the  facts,  and  leave  the 
decision  to  the  appellate  tribunal.  A  Mason  accused 
of  dehnquency  ought  to  depend  on  an  open  rebuttal 
of  the  accusation,  and  not  upon  the  skilful  handling 
of  what,  in  common  parlance,  we  term  "  legal  quib- 
bles." During  a  somewhat  extended  observation  of 
Masonic  trials,  we  have  always  found  that,  as  the 
committees  are  usually  plain  men,  unacquainted  T\dth 
the  technicalities  and  subtleties  of  law  proceedings, 
so  a  plain,  straight-forward  course  is  the  most  likely 
to  be  successful ;  and,  indeed,  it  would  be  a  scandal 
to  Masonry  were  the  facts  otherwise,  for  if  a  guilty 
brother  may  avoid  conviction  by  an  authorized  re- 
sort to  the  chicanery  of  the  law,  then,  by  a  parity  of 
reasoning,  an  innocent  one  might  be  convicted  by  a 
similar  process.  To  admit  either  proposition  would 
be  to  degrade  Masonry,  by  assimilating  it  to  the  un- 
fair practices  of  the  world,  and  taking  from  its  arcana 
the  cardinal  virtues  which  are  at  the  foundation  of 
its  system.  We  shall  not  be  misunderstood  as  ob- 
jecting to  the  employment  of  counsel  in  Masonic  in- 
vestigations, for  we  favor  such  a  course,  on  the  ground 
that,  being  disinterested,  they  are  not  affected  by  the 
passions  of  the  immediate  litigants ;  and  further,  that 
by  their  knowledge  they  are  enabled  to  avoid  unnec- 


224  PRINCIPLES  AND  PRACTICE  OP 

essary  circumlocution,  thus  keeping  the  proceedings 
within  due  bounds  ;  but  we  do  object,  and  we  warn 
the  brethren  —  both  lay  and  professional — against 
making  the  result  of  Masonic  trials  dependent  upon 
the  subtleties  by  which  reputations  and  fortunes  are 
won  or  lost  in  the  lottery  of  common  law. 

The  evidence  being  all  in,  it  is  then  optional  with 
the  parties  concerned  to  sum  up.  We  have  only  to 
say,  in  this  regard,  that  never  having  known  a  sum- 
ming up  to  have  the  slightest  effect  upon  the  result, 
we  leave  it  as  a  matter  of  taste  to  those  concerned. 

If  the  proceedings  have  been  lengthy,  the  commis- 
sion usually  have  a  meeting  by  themselves  to  read 
over  the  evidence  and  agree  as  to  their  conclusion, 
a  majority  of  the  commission  being  required  to  find 
a  verdict.  Having  settled  upon  their  verdict,  the 
clerk  is  directed  to  notify  the  accused  of  that  fact, 
and  that  the  commission  will  present  their  conclu- 
sions to  the  Lodge  at  its  next  stated  communication. 
At  that  communication  the  report  is  presented  and 
read,  together  with  the  evidence,  if  required,  and 
the  Lodge  then  proceeds  to  consider  the  question  : 
"  Shall  the  finding  of  the  commissioners  be  ap- 
proved ?"  Debate  is  allowed,  and  the  defendant  or 
his  counsel  may  be  heard.  The  Lodge  may  in  its 
discretion  alter,  approve,  or  reverse  the  finding.  Be- 
fore taking  the  vote,  however,  the  accused  is  directed 


MASONId  JURISPRUDENCE.  225 

to  retire,  and  then  the  Lodge  finally  passes  upon  the 
case,*  subject,  of  course,  to  an  appeal,  of  which  the 
accused  is  expected  to  give  notice  within  such  time 
as  may  be  fixed  by  the  regulations. 

Where,  as  under  certain  ckcumstances  provided 
in  the  constitution  of  the  Grand  Lodge  of  New  York,t 
the  commission  is  appointed  by  the  Grand  Master, 
the  report  is  made  to  him,  and  his  approval  makes 
it  final,  unless  appeal  be  taken  to  the  Grand  Lodge 
within  six  months.  Where  the  Deputy,  or  one  of 
the  District  Deputies,  names  the  commission,  report 
is  made  to  the  appointing  officer,  but  appeal  may  be 
taken  to  the  Grand  Master,  and  again  to  the  next 
succeeding  Grand  Lodge. 

SECTION  IlI.-MASONIC  PUNISHMENTS. 

The  penalties  inflicted  for  Masonic  offences  are  : 
Reprimand ;  Exclusion,  which  is  temporary  or  per- 
manent ;  Suspension,  definite  or  indefinite  ;  and  Ex- 
pulsion. In  England,  fines  are  permitted  to  be  levied 

*  The  manner  of  voting,  on  these  occasions,  differs  in  the  vari- 
ous Grand  Lodge  jurisdictions.  In  some  it  is  required  to  be  taken 
by  ballot.  In  others,  viva  voce  ;  and  in  others  it  is  left  to  the  dis- 
cretion of  the  Lodges. 

t  Controversies  between  Lodges,  or  between  individuals  belong- 
ing to  different  Lodges,  or  where  charges  are  preferred  against  the 
Master  of  a  Lodge. 


226  PRINCIPLES  AND    PRACTICE  OP 

under  tlie  name  of  punishments  ;  but  the  sentiment 
of  the  American  Fraternity  being  decidedly  averse 
to  them,  they  are  held  among  us  to  be  unmasouic. 

Reprimand  is  the  mildest  form  of  Masonic  punish- 
ment, and,  though  it  can  only  be  inflicted  after  trial, 
is  considered  rather  as  an  admonition  to  the  oflfender 
for  some  trifling  breach  of  the  law,  and  as  a  notice 
of  intention  to  preserve  intact  the  dignity  of  our  pro- 
fession. 

This  punishment  should,  when  possible,  be  admin- 
istered by  the  Master  in  person,  and  be  made  the 
occasion  for  reminding,  not  only  the  deHnquent,  but 
the  brethren  generally,  of  the  sacred  nature  of  our 
engagements,  and  the  certainty  that  they  cannot  be 
violated  with  impimity. 

ExdusioUj  when  temporary  in  its  effect,  is  adminis- 
tered by  the  Grand  Master,  in  the  Grand  Lodge,  for 
refusal  to  submit  to  the  rules  of  order,  contumacy  to 
the  authority  of  the  Grand  Master,  or,  in  brief,  for 
any  conduct  not  sufficiently  heinous  to  call  for  in- 
dictment and  trial,  but  too  much  so  to  be  allowed  to 
pass  without  notice. 

The  same  thing  occui'S,  under  like  circumstances, 
in  a  subordinate  Lodge.  A  brother  who  is  disor- 
derly,  or  contumacious — who  refuses  to  obey  the 
Master,  or  to  conform  to  the  regulations  of  the 
Lodge,  may  be  excluded  by  a  vote  of  the  Lodge,  or 
by  the  direct  prerogative  of  the  Master. 


MASONIC   JURISPRUDENCE.  227 

It  is  well  to  observe  here,  that  the  part  of  the 
opening  ritual  which  strictly  forbids  improper  con- 
duct, under  such  penalty  as  the  by-laws  prescribe, 
or  a  majority  of  the  brethren  present  see  proper  to 
inflict,  applies  to  the  state  of  facts  here  cited,  and 
not  (as  many  erroneously  suppose)  to  the  infliction 
of  the  higher  grades  of  punishment  because  an  of- 
fence has  been  committed  in  view  of  the  Lodge. 
Temporary  exclusion  does  not  deprive  a  Mason  of 
any  of  his  general  relations  to  the  Fraternity,  or  any 
of  his  positive  rights  (for  the  right  to  be  in  the 
Lodge  is  a  qualified  one,  dependent  on  good  beha- 
vior,) and  hence,  when  milder  remedies — as  expostu- 
lation or  reproof — fail,  may  be  summarily  adminis- 
tered to  save  the  credit  of  the  Lodge  and  preserve 
its  peace  and  harmony ;  but  when  an  offence  has 
been  committed  requiring  the  infliction  of  either  of 
the  major  punishments,  then  the  necessary  forms  of 
a  trial  must  be  had.  This  rule  is  necessary  to  guard 
against  the  effects  of  sudden  passion,  which  may 
seize  an  assembly  as  effectually  as  a  single  individ- 
ual, and  under  the  influence  of  which  a  stigma  might 
be  attached  to  an  innocent  man  that  no  after  repent- 
ance could  altogether  banish.  Moreover,  if  it  were 
in  the  province  of  a  Lodge  to  deprive  a  brother  of 
all  his  rights  in  a  summary  manner,  there  would  be 
no  safety  for  the  minority ;  for  where  absolute  powev 


228  PRINCIPLES  AND  PRACTICE  OP 

exists,  the  apology  for  its  exercise  is  rarely  difficult 
to  find.  Let  it  be  admitted,  too,  that  where  a  grave 
offence  has  been  committed  in  the  very  presence  of 
a  Lodge,  the  result  of  a  formal  trial  must  necessarily 
be  a  foregone  conclusion.  Still,  it  is  better  and  more 
Masonic  to  guard  against  the  possibility  of  error  or 
misunderstanding  by  adhering  to  the  forms  of  trial, 
and  thus  dispensing  justice  without  the  semblance  of 
passion.  It  is  true  that  temporary  exclusion  might 
be  ordered  by  the  Master  without  due  reflection  or 
adequate  cause,  but  at  the  worst  the  excluded  bro- 
ther would  lose  nothing  but  the  pleasure  of  a  single 
evening  in  the  Lodge,  while,  on  his  complaint  to  the 
Grand  Master,  a  more  than  compensatory  justice 
might  be  awarded  to  the  hastily-acting  Master  or 
Lodge.  Not  much  danger,  however,  is  to  be  appre- 
hended from  this  source  ;  for  during  an  active  par- 
ticipation of  twenty  years  in  the  affairs  of  Masonry, 
we  have  never  known  of  a  case.  The  principle,  how- 
ever, remains  the  same. 

Permanent  exdtmon  was  formerly  the  polite  term 
for  expulsion  ;  but  it  is  now  better  known  as  striking 
from  the  roll — a  process  by  which  a  brother  is  sum- 
marily deprived  of  his  rights  of  membership  in  a 
particular  Lodge,  without  trial,  and  often  without 
notice.  This  practice,  which  is  gradually  making  its 
way  among  the  Grand  Lodges,  commenced  about 


MASONIC  JURISPRUDENCE.  229 

the  year  1851,  and  was  intended  by  tlie  authors  to 
ajfford  a  milder  way  of  dealing  with  unwilling  or  neg- 
ligent contributors  to  the  Lodge  funds  than  the 
former  one  of  suspension,  it  being  held  that  no  gen 
eral  deprivation  of  rights  ought  to  follow  mere  re 
missness  in  paying  dues.  The  remedy  has,  however, 
proved  many  times  worse  than  the  original  disease  ; 
for  a  brother  stricken  from  the  roll  is  not  only  de- 
prived of  his  membership  in  his  own  Lodge,  but  also 
of  that  of  affiliating  elsewhere,  should  he  be  so  in- 
clined, because  when  attempting  such  affiliation  he 
cannot  show  an  honorable  discharge  from  his  first 
membership,  and  cannot  therefore  be  admitted  to 
the  new  one.  Striking  from  the  roll  is  frequently 
resorted  to  when  it  is  desired  to  get  rid  of  an  obnox- 
ious member  against  whom  no  charges  can  be  found, 
and  he  is  thus  driven  into  the  ranks  of  the  non-affil- 
iated, with  a  moral  certainty  that  he  will  remain 
there.  We  fully  concur  in  the  general  sentiment, 
that  no  act  of  suspension  should  be  allowed  for  non- 
payment of  dues  only,  and  we  think  that  all  the  re- 
quirements of  justice  could  be  answered  by  excluding 
from  all  the  rights  and  benefits  of  his  own  Lodge 
any  brother  who,  after  due  notice,  neglects  or  refuses 
to  pay  his  dues  (when  one  year  in  arrears),  condi- 
tioned that  payment  of  the  amount  due  at  the  time 
of  exclusion,  if  tendered  within  one  year  from  that 


230  PRINCIPLES  AND    PRACTICE   OP 

date,  should  operate  his  restoration  to  his  former 
status  without  other  action  ;  and  if  more  than  a  year 
had  elapsed,  that  then  the  Lodge,  on  receiving  the 
amount  due,  should  gi'ant  an  honorable  discharge  ; 
provided,  of  course,  that  no  charges  are  pending. 
Lodge  dues  are  a  legitimate  source  of  revenue,  and 
a  much  better  dependence  than  initiations  for  the 
means  to  meet  current  expenses.  It  is  therefore 
proper  that  Lodges  should  have  reasonable  power  to 
enforce  payment,  but  still,  one  that  when  used  should 
not  be  a  worse  offence  in  Masonry  than  the  delin- 
quency against  which  it  is  leveled. 

Definite  Siispensu»i  is  the  first  really  serious  pun- 
ishment inflicted  by  Masonic  law,  because,  while  in 
operation — whether  the  period  be  one  year  or  one 
day — the  suspended  brother  is  deprived  of  all  his 
Masonic  rights  but  one,  and  that  is  the  right  to  re- 
sume his  place  in  the  Craft  when  the  suspension  ex- 
pires by  its  own  limitation.  If  it  were  otherwise,  it 
would  not  be  definite,  because  the  Lodge,  if  required 
to  act,  might  refuse  a  reinstatement,  and  thus  the 
suspension  would  be  indefinite.  But  the  name  of 
the  penalty  sufficiently  determines  its  character,  and 
no  argument  is  needed  to  show  that  if  a  brother  is 
suspended  for  six  months  he  cannot  be  suspended 
one  moment  longer  without  new  charges,  and  a  new 
trial  for  some  other  offence  than  that  just  expiated 
by  the  six  months'  suspension. 


MASONIC   JURISPRUDENCE.  231 

Indefinite  Suspension  is  technically  considered  a 
higher  grade  of  punishment  than  where  the  exact 
period  is  specified  in  the  sentence,  because  in  this 
case  a  vote  of  the  Lodge  is  necessary  to  restoration  ; 
but  practically  it  is  less  severe,  for  we  incHne  to  the 
opinion  that  a  motion  to  take  off  an  indefinite  sus- 
pension would  be  in  order  at  any  meeting  after  the 
promulgation  of  the  sentence.  The  very  terms  of  the 
penalty  would  seem  to  indicate  that  by  naming  no 
time  the  Lodge  reserved  a  right  to  terminate  the 
punishment  at  pleasure.  Beyond  this,  there  is  no 
difference  in  the  two  grades.  A  Mason  definitely  or 
indefijiitely  suspended  is — while  the  penalty  operates 
— deprived  of  all  his  rights  and  privileges  as  effect- 
ually as  if  he  had  never  been  initiated. 

Expulsion  is  the  highest  penalty  known  to  the  Ma- 
sonic code,  and  when  inflicted  absolutely  severs  all 
connection  between  the  brother  and  the  Fraternity, 
for  which  reason  it  has  been  aptly  termed  Masonic 
death.  This  penalty  is  only  inflicted  for  the  most 
flagrant  infractions  of  moral  or  Masonic  law,  and 
when  pronounced  by  a  Lodge  is  conditional  until  af- 
firmed by  the  Grand  Lodge,  if  appeal  be  taken  against 
it  within  the  time  prescribed  by  the  local  regulations. 
If  no  appeal  be  taken,  no  confirmation  is  needed, 
because  the  dehnquent  may  then  be  said  to  accept 
the  terms  of  the  sentence.     By  expulsion,  a  Mason 


232  miNCirLEs  and  mACTicE  of 

not  only  loses  his  own  rights,  but  his  family  is  there* 
by  deprived  of  all  claim  upon  the  assistance  and  pro^ 
tection  of  the  Fraternity. 

This  penalty  should  only  be  inflicted  after  serious 
deliberation,  and  when  it  is  beheved  that  the  pres- 
ence of  the  offender  in  the  Society  will  produce 
greater  evil  than  his  reformation  could  be  expected 
to  effect  good. 

A  question  here  arises  as  to  what  vote  is  required 
to  suspend  or  expel.  Keasoning  by  analogy,  wo 
should  say  that,  as  in  the  first  Grand  Lodge,  all 
questions  were  decided  by  a  majority  vote,  so,  in  the 
present  day,  the  same  general  rule  ought  to  apply  ; 
but  we  find  a  great  diversity  of  opinion  existing  on 
this  point.  Some  Grand  Lodges  require  a  two-thirds 
vote  ;  others — New  York  among  the  number — a  ma- 
jority. As  in  various  other  matters,  therefore,  the 
decision  will  be  governed  by  the  regulations  of  the 
local  Grand  Lodge. 

Notice  of  suspension  or  expulsion  is  usually  sent 
to  the  neighboring  Lodges,  and  always  to  the  Grand 
Secretary  ;  but  care  must  be  taken  that  no  publica- 
tion is  made  to  others  than  Masons ;  to  avoid  which 
the  notices  should  be  in  writing. 

Lastly,  it  is  now  universally  admitted  that  while 
expulsion  or  suspension,  when  inflicted  by  the  au- 
thority of  symboKc  Masonry,  debars  the  brother 


MASONIC  JURISPEUDENCE.  233 

thus  dealt  with  from  all  the  rights  he  may  have  as 
a  Koyal  Arch  Mason  or  Eoiight  Templar,  the  same 
penalties,  when  inflicted  by  the  higher  orders,  do  not 
affect  his  standing  in  the  Lodge,  for  the  reason  that 
the  Chapter  and  Commandery  rest  upon  the  Lodge, 
it  being  an  indispensible  prerequisite  to  admission 
in  them  that  the  candidate  shall  be  in  good  standing 
in  the  preceding  degrees ;  and  the  same  quaUfication 
is  necessary  to  maintain  membership  when  acquired. 
When,  therefore,  a  Knight  Templar  loses  his  stand- 
ing in  symbolic  Masonry  by  suspension  or  expidsion 
he  no  longer  possesses  the  requisite  qualifications  for 
membership  in  the  Commandery,  and  can  therefore 
no  longer  participate  in  its  labors.  But  the  converse 
of  the  proposition  does  not  hold  good,  because,  while 
the  Templar  is  required  to  have  received  the  degrees 
of  the  Lodge  and  Chapter,  and  therefore  has  lawful 
knowledge  of  those  bodies,  the  Master  Mason  knows 
nothing  of  the  superior  grades,  and  cannot  take  legal 
cognizance  of  their  acts ;  and  hence,  when  the  Chap- 
ter or  Commandery  expel  one  of  their  members,  his 
standing  in  his  Lodge  remains  good.  If  the  offence 
for  which  he  has  been  expelled  in  the  higher  body  be 
one  affecting  his  moraL  character  and  standing,  the 
same  charge  may  be  brought  against  him  in  the 
Lodge,  and  he  will  there  be  dealt  with  in  the  usual 
way. 


234  PRINCIPLES  AND   PRACTICE   OP 

SECTION  IV.-RESTORATION. 

In  the  Masonic  code,  restoration  is  the  act  of  grace, 
or  pardon,  extended  to  the  repentant  offender  after 
sentence  has  taken  effect,  and  ought  not  to  be  con- 
founded— as  it  usually  is — with  reinstatement,  when, 
on  appeal,  the  proceedings  in  the  lower  tribunal 
have  been  reversed.  It  is  the  law  that  when,  after 
trial  and  appeal  to  the  Grand  Lodge,  the  sentence 
has  been  finally  confirmed,  and  the  accused  indefi- 
nitely suspended  or  expelled,  as  the  case  may  be,  the 
Grand  Lodge  may,  on  petition,  restore  the  individual 
to  aU  the  general  rights  and  privileges  of  Masonry, 
but  not  to  membership  in  any  Lodge ;  because  when 
the  sentence  is  confirmed  by  the  court  of  last  resort, 
membership  in  the  Lodge  ceases  as  effectually  as  if 
it  had  never  existed,  and  the  reserved  right  of  the 
Lodge  to  decide  who  shall  and  who  shall  not  be  ad- 
mitted to  membership  then  appHes  in  fuU  force.  But, 
as  we  have  already  sho^Ti,  when  on  appeal  the  sen- 
tence and  proceedings  in  the  first  court  (the  Lodge) 
are  reversed  for  irregularity  or  want  of  proof,  then 
the  sentence  of  suspension  or  expulsion  goes  for 
nothing,  because  it  is  declared  by  the  highest  au- 
thority that  it  has  not  been  legally  pronounced,  and 
therefore  not  pronounced  at  aU ;  and,  as  we  have 
said  before,  the  member  continues  the  standing  he 


MASONIC   JURISPRUDENCE.  235 

enjoyed  before  tlie  charges  were  preferred ;  which 
standing  had  been  attacked  but  not  injured  by  the 
irregular  proceedings.  In  this  case,  it  is  evident  that 
no  act  of  restoration  would  be  performed,  because 
there  being  no  loss  of  membership  there  is  nothing 
to  restore.  It  is  true  that  after  sentence,  and  during 
the  proceedings  on  appeal  previous  to  its  final  deter- 
mination, the  Lodge  would  not  allow  the  member  to 
sit  or  enjoy  any  of  its  rights  or  privileges  ;  but  it  will 
be  observed  that,  while  the  appeal  is  pending,  the 
rights  of  the  member  are  not  lost,  but  only  in  abey- 
ance, the  sentence  of  the  Lodge  being  always  subject 
to  appeal,  which  appeal  would  be  worse  than  idle  if 
it  left  an  unjust  sentence  in  effect,  or  if,  when  it  de- 
clared a  brother  illegally  dealt  with,  it  did  not  by 
that  declaration  place  him  in  the  exact  position  oc- 
cupied by  him  before  the  commencement  of  proceed- 
ings. 

Definite  suspension  requires  no  restoration,  be- 
cause as  a  brother  loses  his  rights  by  a  sentence  for 
a  defined  period,  so,  when  that  period  expires  by  its 
own  hmitation,  the  cause  of  the  loss  ceases,  and  the 
effects  cease  with  it. 

When  a  Lodge  restores  a  brother  who  is  under 
the  effects  of  a  final  sentence  of  indefinite  suspen- 
sion or  expulsion,  it  readmits  him  to  membership, 
because  it  reverses  its  own  sentence  and  extends  a 


236  PRINCIPLES  AND   PRACTICE   OP 

full  pardon  for  the  offence  on  conviction  for  which 
sentence  had  been  pronounced.  Restoration  by  the 
Grand  Lodge  is  necesarily  different,  because  it  may 
take  place  without  the  knowledge  or  consent  of  the 
Lodge,  which  may  stOl  adhere  to  its  original  deter- 
mination. It  also  frequently  happens  that  a  Lodge 
may  be  willing  that  a  brother  suspended  or  expelled 
by  it  shall  be  restored  to  the  rights  and  privileges 
of  a  non-affiliated  Mason,  but  not  again  to  his  former 
membership  ;  in  which  case  they  allow  the  restora- 
tion to  be  made  by  the  Grand  Lodge,  and  usually 
join  in  the  petition  for  such  restoration. 

Here  again  the  question  occurs  :  "  What  vote  is 
necessary  to  enable  a  Lodge  to  restore  a  brother  in- 
definitely suspended  or  expelled  ?"  Li  answer,  we 
can  state  the  general  practice,  but  we  cannot  give 
any  absolute  rule,  because  there  is  none.  It  is  com- 
monly held  that  a  two-thirds  vote  is  necessary  to  re- 
store an  indefinitely  suspended  Mason,  but  we  have 
never  met  with  any  one  who  could  give  a  vaUd  rea- 
son for  the  requirement  beyond  the  regulations  of 
Grand  Lodges.  Those  bodies  restore  even  from  ex- 
pulsion by  a  majority  vote,  and  we  see  no  reason  why 
a  Lodge  may  not  take  off  a  sentence  of  indefinite 
suspension  in  the  same  way.  Grand  Lodge  regula- 
tions are,  however,  of  greater  force  than  mere  opin- 
ions, and  Lodges  must  consult  and  be  governed  by 


MASONIC   JURISPRUDENCE.  237 

them,  llestoration  from  expulsion  by  a  Lodge  re- 
quires previous  proposal  and  a  unanimous  vote  ;  be- 
cause the  sentence  of  expulsion,  when  confirmed,  is 
Masonic  death,  or,  in  other  words,  absolute  severance 
of  all  connection  between  the  individual  and  the  Fra- 
ternity ;  and  as  the  act  of  restoration  puts  the  indi- 
vidual in  possession  of  full  Masonic  privileges,  it  is 
necessary  that  the  vote  should  be  unanimous,  be- 
cause the  Lodge  by  restoration  admits  to  member- 
ship one  who  had  been  severed  from  it  as  completely 
as  if  he  had  never  belonged  to  it,  or  had  voluntarily 
dimitted.  Here  the  distinction  between  indefinite 
suspension  and  expulsion  (which  is  an  extremely  nice 
one)  will  be  made.  A  brother  who  has  been  sus- 
pended, although  he  is  as  totally  debarred  from  the 
exercise  of  his  Masonic  privileges,  for  the  time  being, 
as  one  expelled,  nevertheless  retains  a  quasi  connec- 
tion with  the  Society.  "  He  is  not  dead,  but  sleep- 
eth."  That  is,  the  functions  of  his  Masonic  existence 
are  not  absolutely  destroyed,  but  suspended ;  and 
the  removal  of  this  disability  would  appear  to  require 
a  less  decided  vote  than  in  the  case  of  the  major 
penalty.  It  may  be  added,  too,  that  as  this  penalty 
is  inflicted  for  less  serious  offences  than  those  re- 
quiring expulsion,  so,  in  justice,  it  ought  to  require  a 
less  difficult  method  of  restoration  than  unanimity. 
Li  the  act  of  striking  from  the  roll,  it  is  understood 


238  PRINCIPLES  AND  PRACTICE  OF 

that  the  member  has  forfeited  his  membership  by 
refusal  or  neglect  to  comply  with  the  by-law  requir- 
ing him  to  pay  annual  or  quarterly  dues,  and  has,  in 
so  doing,  violated  a  contract  made  by  him  on  his  ad- 
mission as  a  member.  This  is  a  matter  belonging  to 
the  Lodge — one  that  does  not  affect  the  general  re- 
lations of  the  brother  to  the  Fraternity  except  in  de- 
priving him  of  the  power  to  aflfihate  elsewhere ;  and 
one,  consequently,  in  which  reinstatement,  and  not 
restoration,  is  required.  If  the  striking  from  the 
roll  is  performed  in  accordance  with  the  law  of  the 
jurisdiction,  then  the  Grand  Lodge  cannot  interfere 
to  force  the  member  back ;  but,  on  the  contraiy,  if 
there  has  been  irregularity  in  the  proceedings,  then, 
of  course,  the  Grand  Lodge,  in  reversing  those  pro- 
ceedings, reinstates  the  member ;  because,  not  hav- 
ing been  legally  deprived  of  his  rights,  he  is  lawfully 
entitled  to  the  position  he  occupied  before  the  illegal 
act.  We  hope  to  see  the  day  when,  by  general  con- 
sent, the  disabiUties  arising  from  mere  non-payment 
of  dues  may  be  removed  by  the  payment  of  the 
amount  of  such  dues  ;  for  as  a  Mason,  while  stricken 
from  the  roll,  cannot  enjoy  the  privileges  of  the 
Lodge,  neither  should  he  be  chargeable  with  dues 
during  that  time. 


CHAPTEE     VIII. 

%\t    iranJtr    firist. 

SECTION  I.-THE  FORMATION  OF  GRAND  LODGES. 

Our  readers  cannot  have  failed  to  observe  that  we 
have  studiously  avoided  aU  reference  to  authorities 
of  an  earlier  date  than  the  charges  and  regulations 
of  1721,  which  we  consider  as  sufficient  for  all  the 
purposes  of  the  present  system  of  Masonic  jurispru- 
dence. From  this  stand-point  we  feel  warranted  in 
making  the  assertion,  that  Grand  Lodges,  as  now 
constituted  and  conducted,  are  a  modern  growth,  en- 
grafted on  the  original  stock  at  the  revival  of  Ma- 
sonry in  1717,  and  having  no  claim  whatever  to  an 
existence  preceding  that  period.  We  are  aware  that 
the  assembly  in  the  city  of  York,  in  926,  at  which  the 
Gothic  constitutions  were  adopted,  and  others  held 
at  subsequent  periods,  have  been  denominated  Grand 
Lodges,  but  the  term  is  misapplied  ;  they  were  con- 
ventions or  general  assembhes,  having  no  more  sim- 
ihtude  to  a  modern  Grand  Lodge  than  a  friendly 
meeting  of  brethren  would  resemble  the  order  and 
regularity  that  prevail  in  a  formed  Lodge.    Eebold, 


240  PRINCIPLES  AND  PRACTICE  OF 

in  his  "  Hisfoire  General  de  la  Franc-maconneriej* 
speaks  of  Grand  Lodges  (Haupthutten)  existing  in 
the  fifteenth  century,  which  "  had  independent  and 
sovereign  jurisdiction,  and  determined  without  appeal 
all  causes  brought  before  them."  But  they  belonged 
to  the  Society  of  operative  Masons  or  stone-dressers, 
to  which  he  and  others  imagine  the  present  Society 
of  speculative  or  Freemasons  owes  its  existence ;  and 
though  they  may  in  some  degree  have  been  the  mod- 
els, they  certainly  had  no  relation  to  Grand  Lodges 
of  the  present  day. 

Previous  to  1717,  an  annual  assembly  and  feast 
was  held  at  which  all  the  brethren  who  saw  fit  were 
present,  and  at  which,  when  required,  a  Grand  Mas- 
ter was  elected ;  but  these  meetings  feU  into  decay 
until,  on  the  accession  of  George  I.,  the  Masons  in 
London  resolved  to  cement  themselves  under  a  new 
Grand  Master,  and  to  revive  the  communications  and 
annual  festivals  of  the  Society.  Accordingly,  on  St. 
John  the  Baptist's  day,  1717,  in  the  third  year  of 
the  reign  of  King  George  L,  the  assembly  and  feast 
were  held,  when  the  oldest  Master  Mason  and  the 
Master  of  a  Lodge,  having  taken  the  chair,  a  list  of 
proper  candidates  for  the  office  of  Grand  Master  was 
produced,  and  the  brethren,  by  a  great  majority  of 
hands,  elected  Mr.  Anthony  Sayer  Grand  Master  of 
Masons  for  the  en.suing  year,  who  was  forthwith  in- 


JilASONIC  JUBISPRUDENCE.  241 

vested  by  tlie  oldest  Master,  installed  by  the  Master 
of  the  oldest  Lodge,  and  duly  congratulated  by  the 
assembly  who  paid  him  homage."  This  was  the  be- 
ginning of  the  Grand  Lodge  of  England,  from  which 
have  sprung  the  Grand  Lodges  of  the  world.  At  this 
meeting  it  was  agreed,  among  other  things,  "  that 
the  privilege  of  assembling  as  Masons,  which  had 
hitherto  been  unhmited,  should  be  vested  in  certain 
Lodges  or  assemblies  of  Masons  convened  in  cer- 
tain places,  and  that  every  Lodge  to  be  hereafter 
convened,  except  the  four  old  Lodges  at  this  time 
existing,  should  be  legally  authorized  to  act  by  a 
warrant  from  the  Grand  Master  for  the  time  being, 
granted  to  certain  individuals  by  petition,  with  the 
consent  and  approbation  of  the  Grand  Lodge  in 
communication ;  and  that  without  such  warrant  no 
Lodge  should  hereafter  be  deemed  regular  or  consti- 
tutional." 

Thus  was  established  a  central  authority  or  gov- 
ernment for  the  Fraternity,  to  which  was  committed 
the  superintendence  of  the  Craft,  and  entrusted  the 
responsibihty  of  making  laws  for  its  observance  and 
for  the  maintainance  of  its  ancient  landmarks ;  it  be- 
ing also  specially  agreed  "  that  no  law,  rule,  or  reg- 
idation,  to  be  thereafter  made  or  passed  in  the  Grand 
Lodge,  should  encroach  on  any  landmark  which  was 

*  Pbeston's  Illustraiions  of  Masonry— Olivek's  edition — p.  150. 
11 


242  PRINCIPLES  AND   PRACTICE    OF 

at  that  time  established  as  the  standard  of  Masonic 
government."* 

The  Grand  Lodge  thus  inaugurated  underwent, 
within  a  brief  period,  various  modifications.  Many 
new  Lodges  being  formed,  it  was  soon  foimd  that  a 
general  attendance  of  the  brethren  would  make  the 
body  too  unmeldy,  and  the  present  system  of  repre- 
sentation by  the  Masters  and  Wardens  was  estab- 
lished. The  right  to  confer  the  three  degrees  was 
ceded  to  the  Lodges,  and  the  Grand  Lodge  then  be- 
came what  it  is  now — the  supreme  tribimal  and  leg- 
islature of  the  Craft  witliin  its  jurisdiction. 

The  first  Grand  Lodge,  it  will  be  observed,  was 
established  by  the  concurrent  action  of  the  brethren 
of  the  four  old  Lodges,  acting  as  indi\dduals,  as  is 
evident  from  the  fact  stated  by  Preston,  that  when 
matters  had  been  adjusted  to  the  satisfaction  of  the 
brethren  of  the  four  old  Lodges,  they  considered 
their  attendance  on  the  future  communications  of  the 
society  as  unnecessary  ;  and,  like  the  other  Lodges, 
trusted  implicitly  to  their  Masters  and  Wardens,  rest- 
ing satisfied  that  no  measure  of  importance  would 
be  adopted  without  their  approbation.  It  is  now 
held  that  no  Grand  Lodge  can  be  estabhshed  with- 
out the  concurrence  of  three  or  more  regular  Lodges 
previously  established,  and  acting  through  their 
Masters  and  Wardens.  We  shall  refer  to  this  again 
*  Pbeston. 


MASONIC   JURISPEUDENCE.  24:3 

when  we  come  to  speak  of  the  jurisdictional  rights 
of  Grand  Lodges. 

SECTION  II.-THE  POWERS  OF  GRAND  LODGES. 

A  Grand  Lodge  is  now  defined  to  be  "  a  body  of 
Masons  in  whom  is  inahenably  vested  the  govern- 
ment and  superintendence  of  the  Fraternity  within 
its  territorial  jurisdiction,  and  is  primarily  composed 
of  its  Grand  officers  and  the  Masters  and  Wardens, 
or  their  proxies,  of  the  several  subordinate  Lodges 
under  its  jurisdiction."^  It  is  necessarily  supreme 
in  the  exercise  of  all  powers  not  specially  reserved 
to  the  Lodges,  and  there  is  of  course  no  appeal  from 
its  decisions  ;  but  it  cannot  make  or  pass  any  regu- 
lation in  derogation  of  the  Ancient  Landmarks. 

The  powers  of  a  Grand  Lodge  are  :  Legislative, 
Judicial,  and  Executive,  which  are  exercised  under 
the  Hmitations  above  specified,  but  which  are  inop- 
erative beyond  the  pohtical  limits  of  the  country, 
State,  or  territory  in  which  it  may  be  located,  and 
from  which  it  usually  derives  its  name — as  the  Grand 
Lodge  of  England,  of  New  York,  etc. 

Tlie  Legislative  powers  of  a  Grand  Lodge  extend  to 
aU  matters  relating  to  the  Craft  save  those  inherent 
in,  and  reserved  to,  the  Lodges.  The  laws  made  by 
it  have  general  effect  throughout  the  bounds  of  its 

•  Constitution  G.  L.  of  N.  Y.  • 


244  PRINCIPLES  AND  PRACTICE  OP 

jurisdiction,  and  its  decisions  are  final  and  without 
appeal ;  though  it  may,  like  all  other  legislative  bod- 
ies, revise  its  own  proceedings,  and  alter,  amend,  or 
annul  them,  as  set  forth  in  the  thirty-ninth  of  the 
General  Eegulations.  In  the  exercise  of  this  power, 
a  Grand  Lodge  may  enact  a  constitution  and  regula- 
tions for  its  own  government  and  for  the  government 
of  the  Fraternity  which  it  represents,  and  may  alter 
or  amend  that  instnmient  in  accordance  with  its  own 
provisions.  It  may  levy  a  tax  on  its  subordinates, 
or  require  the  payment  of  a  certain  portion  of  their 
revenues  into  its  treasury,  for  the  purpose  of  defray- 
ing its  necessary  expenses.  It  may  grant  warrants 
constituting  new  Lodges,  by  which  they  become  com- 
ponents of  the  great  Masonic  family,  and  enact  laws 
for  their  better  regulation  and  convenience.  It  may 
establish  and  preserve  a  uniform  mode  of  work  and 
lectures,  under  sanction  of  the  Ancient  Landmarks 
and  usages  of  Masonry.  It  may  hear,  and  entertain 
or  reject,  all  appeals,  memorials,  petitions,  or  resolu- 
tions that  may  be  presented  in  proper  form. 

The  Legislative  power  of  the  Grand  Lodge  is  the 
one  which,  from  its  nature  and  the  habits  of  our  peo- 
ple, is,  in  this  country,  most  likely  to  be  abused ; 
nay,  the  one  that  is  already  responsible  for  much 
evil.  The  tendency  to  over-legislate,  common  to  all 
deliberative  bodies,  is  becoming  more  apparent  ev- 


MASONIC    JURISPRUDENCE.  245 

ery  year  ;  and  conservative  men  already  foresee  trou- 
bles arising  in  the  future  from  this  source.  Nor  can 
it  be  doubted,  that  the  original  intention  of  the  foun- 
ders of  the  Grand  Lodge  system — the  objects  they 
sought  to  attain  by  yielding  a  portion  of  their  rights 
— have  been,  and  are  constantly  being,  overstepped ; 
that  the  reserved  rights  of  the  Lodges  are  being 
gradually  encroached  upon,  and  the  powers  of  the 
Grand  Lodge  correspondiiigly  increased.  The  re- 
sult may  be  easily  divined,  and  will  manifest  itself — 
as  it  has  already  done  in  some  instances — in  the  as- 
sertion of  a  claim  to  sole  and  supreme  authority  in 
all  matters  relating  to  the  Craft.  It  is  the  duty  of 
the  brethren  at  large  to  counteract  this  evil  tend- 
ency, and  maintain  their  reserved  rights  intact  by  a 
more  careful  scrutiny  of  Grand  Lodge  doings,  and 
by  instructing  their  representatives  so  that  they  shall, 
when  in  Grand  Lodge,  represent  their  constituents 
rather  than  themselves.  There  is  also  a  minor  evil 
growing  out  of  excessive  legislation  which  is  simply 
annoying  to  the  brethren,  without  producing  any 
benefit  to  the  institution.  We  refer  to  the  mania  for 
making  laws  and  regulations  on  every  conceivable 
topic,  nine-tenths  of  which  ought  reasonably  to  be 
left  to  the  discretion  of  Lodges,  and  the  interference 
with  which  tends  to  exasperate  them,  and  sets  their 
wits  at  work  to  discover  some  means  by  which  the 
rule  may  be  evaded. 


246  PRINCIPLES  AND   PRACTICE   OF 

As  a  matter  of  right,  tlie  legislation  of  a  Grand 
Lodge  ought  always  to  be  prospective  in  its  action  ; 
retroactive,  or  ex  post  /ado,  laws  being  regarded  in 
all  communities  as  unjust,  oppressive  and  destructive 
of  the  rights  of  communities  and  individuals. 

The  Judicial  powers  of  a  Grand  Lodge  are  of  two 
kinds  :  original  and  appellate.  Original  judicial 
power  is  exercised  by  the  Grand  Lodge  in  the  trial 
of  charges  against  any  of  its  officers  for  malfeasance 
in  office,  except  the  Grand  Master ;  in  the  settlement 
of  controversies  between  Lodges,  or  between  indi- 
vidual members  of  different  Lodges,  or  in  the  trial 
of  a  Master  of  a  Lodge  against  whom  charges  are 
preferred.  It  also  may  assume  original  jurisdiction 
in  cases  which  come  before  it  on  appeal,  by  increas- 
ing the  penalty  awarded  by  the  original  court.  It 
also  exercises  original  jurisdiction  in  the  forfeitm-e 
or  revocation  of  warrants,  which  generally  results 
from  evil  practices  on  the  part  of  the  Lodge,  which 
is  therefor  put  on  trial.  As  one  Lodge  cannot  en- 
tertain charges  against  another,  and  proceed  to  try 
them,  it  necessarily  follows  that  the  Grand  Lodge, 
being  the  common  superior,  is  the  appropriate  tribu- 
nal for  the  trial  of  such  cases.  "Warrants  thus  for- 
feited may  of  course  be  returned  by  the  Grand  Lodge 
at  its  pleasure.  The  judicial  powers  of  the  Grand 
Lodge  are,  however,  most  frequently  exercised  in  the 


MASONIC  JURISPRUDENCE.  247 

decision  of  appeals  from  the  individual  members  of 
tlie  Fraternity  against  tlie  action  of  their  Lodges,  or 
the  decisions  of  their  Masters,  and  its  decisions  are 
final  and  binding  on  the  parties,  because  there  being 
no  Masonic  authority  superior  to  the  Grand  Lodge, 
it  is  the  court  of  last  resort. 

Tlie  Executive  poivers  of  a  Grand  Lodge  are  those 
in  the  exercise  of  which  it  administers  the  laws  and 
enforces  the  decisions  made  by  it  in  its  legislative 
and  judicial  capacity.  And  whatever  may  have  been 
the  practice  in  former  days,  it  is  now  certain  that 
they  are  exercised  for  no  other  purpose.  While,  how- 
ever, a  Grand  Lodge,  when  in  session,  confines  its 
action  to  the  administration  of  the  laws  it  has  enact- 
ed, there  can  be  no  doubt  that  it  may  extend  the 
sphere  of  its  action,  by  a  change  of  its  constitution, 
to  all  matters  not  in  absolute  derogation  of  the  inhe- 
rent rights  of  Lodges.  Thus,  if  there  were  no  con- 
stitutional impediment,  it  might  initiate,  pass,  and 
raise  a  profane,  because  it  is  the  authority  from 
whence  the  subordinates  derive  their  right  to  make 
Masons  ;  but  it  could  not  make  the  brother  it  raised 
a  member  of  any  Lodge,  for  that  is  an  inherent  pre- 
rogative of  the  Lodges  themselves,  with  which  the 
Grand  Lodge  cannot  interfere. 

The  executive  power  of  a  Grand  Lodge  is,  how- 
ever, in  a  great  degree  entrusted  to  the  Grand  Mas- 


248  PRINCIPLES  AND   PRACTICE   OP 

ter,  and  by  him  exercised  during  the  recess — a  ne- 
cessity arising  from  the  fact  that  the  Grand  Lodges 
of  the  United  States,  with  perhaps  two  or  three  ex- 
ceptions, having  by  common  consent  aboHshed  Quar- 
terly Communications,  meet  annually  only.  These 
meetings  seldom  last  more  than  three  or  four  days  ; 
so  that  for  three  hundred  and  sixty  days  in  the  year 
the  administration  and  execution  of  the  laws  is  en- 
trusted to  the  Grand  Master  ;  and  the  probability  is 
that,  all  things  considered,  the  laws  are  more  care- 
fully executed  by  him  than  they  would  or  could  be 
by  the  Grand  Lodge. 

The  Jurisdictional  rights  of  a  Grand  Lodge  do  not 
extend  beyond  the  bounderies  of  the  country.  State, 
or  territory  where  it  is  located,  except  where  a  coun- 
try is  Masonically  vacant ;  that  is,  having  no  Grand 
Lodge  established  in  it ;  in  which  case  all  the  Grand 
Lodges  in  the  world  have  concurrent  jurisdiction 
there,  so  far  as  they  may  deem  it  proper  to  be  exer- 
cised ;  so  that  in  a  vacant  territory  one  or  a  dozen 
Grand  Lodges  may  charter  subordinates,  and  each 
would  be  equally  justified  in  so  doing.  "When,  how- 
ever, a  majority  of  the  subordinates  (being  not  less 
than  three  in  number)  choose  to  establish  a  Grand 
Lodge,  then  the  territory  is  occupied  ;  and  not  only 
are  Grand  Lodges  in  other  States  or  countries  for- 
bidden to  exercise  any  powers  in  the  ierritory  occu- 


MASONIC  JURISPRUDENCE.  249 

pied  by  the  new  Grand  Lodge,  but  their  subordi- 
nates (if  any)  that  may  have  refused  to  unite  in  the 
formation  of  the  Grand  Lodge,  are  to  be  withdrawn 
or  left  subject  to  the  disposition  of  the  local  author- 
ity."* It  is  the  assertion  of  this  doctrine  that  has 
been,  and  still  is,  the  cause  of  difficulty  between  the 
Grand  Lodges  of  New  York  and  Hamburgh.  The 
latter  body,  not  content  with  superintending  the  af- 
fairs of  its  own  jurisdiction,  has  thought  proper  to 
create  new  Lodges  owing  fealty  and  obedience  to  it, 
but  located  in  the  State  of  New  York,  and  therefore 
within  the  bounds  of  the  lawful  Grand  Lodge  of  that 
State.  The  Grand  Lodge  of  New  York  very  properly 
objects  to  this  invasion  of  its  territory,  because  :  1st. 
It  was  the  first  to  occupy  the  jurisdiction  now  occu- 

*  A  case  in  point  occurred  in  the  Grand  Encampment  of  the 
United  States,  in  1859.  That  body  had  established  subordinates 
in  the  State  of  Michigan  to  the  number  of'  four.  Three  of  these 
subordinates  united  in  forming  a  State  Grand  Commandery,  but 
one  refused  to  do  so,  and  claimed  the  right  to  continue  its  alle- 
giance to  the  Grand  Encampment  of  the  U.  S.  The  Committee 
on  Jurisprudence  reported  :  "  That  in  all  the  branches  of  Masonry 
in  this  country  the  law  obtains  that  a  State  Grand  Body  has  sole 
and  exclusive  jurisdiction  within  the  limits  of  the  territory  it  occu- 
pies. There  can  be  no  divided  jurisdiction,  nor  can  any  authority 
give  legal  existence  to  a  subordinate  in  contravention  of  the  will 
of  the  State  Superior."  Whereupon  it  was  resolved  :  "That  the 
Grand  Commandery  of  Michigan,  from  the  date  of  its  formation, 
has  of  right  exercised  sole  and  exclusive  jurisdiction  over  all  sub- 
ordinates in  that  State. " 


250  PRINCIPLES   AND    PRACTICE  OF 

pied  by  it  —  its  existence  antedating  the  political 
formation  of  the  State.  2d.  That  occupation  has 
been  continuous  to  the  present  moment ;  and  3d. 
Because  the  Grand  Lodges  of  the  world,  Hamburgh 
excepted,  agree  that  every  Grand  Lodge  has  sole 
and  exclusive  jurisdiction  within  the  limits  of  the  ter- 
ritory in  which  it  is  located ;  and  hence,  that  no 
Grand  Lodge  has  the  shadow  of  a  right  to  plant 
Lodges  in  the  territory  of  its  neighbor  without  its 
consent.  If,  therefore,  the  difficulty  is  ever  adjusted, 
it  must  be  by  the  Grand  Lodge  of  Hamburgh  retir- 
ing from  its  unjustifiable  and  unfratemal  violation  of 
an  universal  law. 

"We  have  already  spoken  of  Lodge  juiisdiction  in 
its  appropriate  place.  That  jurisdiction  is  restrained 
or  extended  by  Grand  Lodges,  especially  in  the  mod- 
ern rule  forbidding  the  iiiitiation  of  non-residents. 
Having  abeady  given  the  reasons  for  its  adoption, 
it  is  only  necessary  to  say  that  although  accepted  as 
a  law  by  the  Grand  Lodges  of  the  United  States,  it 
is  not  generally  so  in  Europe.  The  probabiHty  is, 
however,  that  in  the  progress  of  time  it  will  become 
universal. 


CHAPTEE   IX. 

%\t   (§XMii   ®ffxttx$. 

In  all  Grand  Lodges  and  Grand  Orients  there  is  a 
Grand  Master,  but  the  remaining  officers  vary  in  ti- 
tle, number  and  prerogative  according  to  the  customs 
of  the  country,  the  rite  practiced,  or  the  supposed 
necessities  of  the  Grand  Body  itself.  Thus,  in  Eng- 
land there  is  a  Deputy  Grand  Master  and  Provincial 
Grand  Masters  appointed  by  the  Grand  Master,  and 
in  some  cases  a  "  Pro.  Grand  Master,  who  can  only 
be  appointed  when  the  Masonic  throne  is  occupied 
by  a  prince  of  the  blood  royal.  And  to  be  quahfied 
for  the  situation  it  is  requisite  that  his  worldly  rank 
be  commensurate  with  the  dignity  of  the  office  and 
the  representative  of  royalty.  He  must,  therefore, 
be  a  peer  of  the  realm,  as  weU  as  the  Past  Master  of 
a  Lodge.  His  collar  and  jewel,  like  his  authority, 
must  be  precisely  the  same  as  that  of  the  Grand 
Master ;  and  in  case  of  a  vacancy,  he  actually  as- 
sumes the  office  until  the  next  annual  election."*  In 
France  there  is  no  Deputy  Grand  Master,  but  in  his 
place  several  assistant  or  acting  Grand  Masters,  who 
form  the  council  of  the  Grand  Master,  dispose  of  the 
routine  business  of  the  Grand  Orient,  and  preside  at 

*  Oliteb. 


252  PRINCIPLES  AND    PRACTICE    OP 

its  meetings  in  the  absence  of  the  chief  officer.  In 
the  United  States,  where  all  the  Grand  Lodges  pro- 
fess to  be  of  the  so-called  "Ancient  York  Eite,"  the 
officers  are : 

A  Grand  Master  (whose  style  is  Most  Worshipful). 

A  Deputy  Grand  Master. 

A  Senior  Grand  Warden. 

A  Junior  Grand  Warden. 

A  Grand  Treasurer. 

A  Grand  Secretary. 

A  Grand  Chaplain. 

A  Grand  Marshal. 

A  Grand  Standard  Bearer. 

A  Grand  Sword  Bearer. 

Two  or  more  Grand  Stewards. 

A  Senior  Grand  Deacon. 

A  Junior  Grand  Deacon. 

(All  of  whom  are  styled  Eight  Worshipful.) 

A  Grand  Pursuivant. 

A  Grand  Tyler. 

(Who  are  styled  Worshipful.) 

In  some  Grand  Lodges  there  is  a  Grand  Orator,  a 
Grand  Lecturer,  and  District  Deputy  Grand  Mas- 
ters, and  in  others  no  Grand  Pursuivant.  In  Penn- 
sylvania the  Grand  Master  is  styled  Eight  Worship- 
ful, and  the  remaining  officers  Worshipful.  These 
variations  are  of  no  particular  importance  other  than 


MASONIC   JURISPRUDENCE.  253 

affording  proof  of  an  unfortunate  tendency  to  lose 
sight  of  that  uniformity  which  ought  to  characterize 
our  institution  in  all  its  doings,  and  to  which,  we  ap- 
prehend, our  successors  will  wish  we  had  paid  more 
attention. 

Let  us  now  examine  the  powers  and  duties  of  the 
several  Grand  officers  above  enumerated. 

THE  GRAND  MASTER. 

Like  the  King,  in  monarchical  countries,  the  Grand 
Master  never  dies.  That  is  to  say,  the  office,  its  pow- 
ers and  prerogatives,  remain  intact  whatever  may 
become  of  the  individual  who,  for  the  time  being,  is 
their  custodian ;  and  hence,  the  acts  of  a  Grand  Mas- 
ter survive  his  tenure  of  office,  and  pass  to  his  suc- 
cessor, to  be  by  him  maintained  or  reversed  as  cir- 
cumstances may  to  him  appear  to  require. 

The  office  of  Grand  Master  has  always  existed.  In 
all  the  history  and  traditions  of  the  Craft,  we  can 
find  no  time  when  the  Fraternity  was  not  governed 
by  a  chief  officer  styled  a  Grand  Master.  His  office 
is,  therefore,  not  a  creation  of  the  Ancient  Charges 
and  regulations,  nor  of  any  modern  constitution.  And 
yet,  while  his  prerogatives  are  in  some  things  beyond 
any  control  but  that  of  the  Landmarks,  it  is  not  in 
all,  from  the  fact  that  since  the  formation  of  Grand 
Lodges,  the  government  of  those  bodies  and  of  the 


254,  PRINCIPLES  AND   PRACTICE  OP 

Fraternity  owing  them  allegiance  is  founded  on  writ- 
ten constitutions,  wliich  the  Grand  Master,  in  com- 
mon ^-ith  the  humblest  Mason  under  his  jurisdiction, 
is  bound  to  observe  and  respect.  Indeed,  he  enters 
into  a  solemn  engagement  at  his  installation,  that  he 
will  do  so,  and  he  therefore  waives,  to  that  extent, 
his  unlimited  prerogatives.  It  wall  be  found,  more- 
over, that  the  commonly  received  notion  that  there 
can  be  no  appeal  from  the  decision  of  the  Grand 
Master  is  not  strictly  true  ;  for  on  examining  the 
transactions  of  Grand  Lodges,  it  will  be  seen  that 
the  judgment  of  the  Grand  Master  is  overruled,  and 
that  to  do  otherwise  would  be,  in  fact,  to  admit  his 
entire  freedom  from  the  weakness  of  human  nature 
— a  proposition  too  absurd  for  argument.  The  sov- 
ereignty, as  we  have  repeatedly  said,  is  in  the  Craft 
at  large,  and  by  their  delegation  is  exercised  by  the 
Grand  Lodge  as  their  agent ;  and  the  final  decision 
of  a  case  by  that  body,  in  annual  communication,  is 
in  reality  the  only  one  from  which  there  is  no  appeal 
It  is  true,  that  during  the  interval  from  one  session 
of  the  Grand  Lodge  to  another,  its  executive  powers 
are  vested  in  the  Grand  Master,  and  all  the  high  pre- 
rogatives of  his  office  are  then  in  full  force ;  but  they 
are  exercised  by  him  on  the  condition  of  a  review  by 
the  Grand  Lodge,  whenever  a  majority  of  its  mem- 
bers think  proper  to  exercise  that  right.     Tliis  re- 


MASONIC  JURISPRUDENCE.  255 

served  power  of  the  Grand  Lodge  is  distinctly  seen 
in  the  nineteenth  article  of  the  Regulations  of  1721. 
"  If  the  Grand  Master  should  abuse  his  power,  and 
render  himself  unworthy  of  the  obedience  and  sub- 
jection of  the  Lodges,  he  shall  be  treated  in  a  way 
and  manner  to  be  agreed  upon  in  a  new  regulation  ; 
because  hitherto  the  ancient  Fraternity  have  had  no 
occasion  for  it,  their  former  Grand  Masters  having 
all  behaved  themselves  worthy  of  that  honorable  of- 
fice." Here  we  observe  the  distinct  assertion  of  a 
power  to  exercise  discipline  over  the  Grand  Master, 
in  any  w^ay  that  may  be  agreed  upon  in  a  new  regu- 
lation, and  that  if  the  power  has  not  been  exercised, 
it  is  because  the  brethren  chosen  to  the  responsible 
station  of  Grand  Master  have  so  demeaned  them- 
selves as  not  to  require  it.  But  of  the  right  there 
can  be  no  question.  Now,  if  the  Grand  Master  can 
be  put  on  trial,  he  can— the  proof  warranting — be 
expelled  from  the  rights  and  privileges  of  the  Craft ; 
and  it  follows  that  the  same  power  that  may  disci- 
pline him,  may  also  exercise  the  lesser  act  of  sover- 
eignty in  reversing  his  decisions.  We  may  be  ac- 
cused of  taking  an  extreme  view,  and  dispelling 
certain  illusions  that  have  hitherto  been  maintained, 
but  we  disclaim  any  such  intention,  and  seek  only  to 
bring  about  a  proper  understanding  of  the  real  pow- 
ers of  the  officer  of  whom  we  are  treating.  We  should 


256  PRINCIPLES  AND  PRACTICE  OF 

be  the  last  to  lower  the  popular  reverence  for  our 
chief  officer,  but  we  deem  it  well  that  his  true  posi- 
tion should  be  understood,  both  for  the  sake  of  the 
officer  himself  and  for  that  of  the  Craft  imder  his 
authority.  Whatever,  therefore,  may  have  been  the 
original  powers  of  the  Grand  Master,  there  can  be 
no  doubt  but  that  those  powers  are  now  in  some 
things  amenable  to  the  provisions  of  Grand  Lodge 
constitutions  and  legislation,  and  that  every  Grand 
Master  accepts  office  with  a  proviso  that  he  will  not 
only  enforce  the  laws  and  execute  the  legislative  acts 
of  the  Grand  Lodge,  but  that  he  mil  do  so  under 
the  sanction  of  those  laws  and  acts ;  or,  in  other 
words,  that  while  he  exacts  obedience  from  others, 
he  will  furnish  a  proper  example  by  himself  obeying 
the  laws  he  executes. 

There  are,  of  course,  some  of  the  powers  belonging 
to  the  Grand  Master  which  are  in  themselves  land- 
marks, and  therefore  not  subject  to  legislation  ;  but 
even  these  have  yielded  to  the  force  of  pubUc  opin- 
ion, as  will  be  seen  in  the  following  enumeration  of 
the  prerogatives  of  the  Grand  Master. 

1.  To  convene  the  Grand  Lodge  at  any  time  he 
may  in  his  discretion  deem  proper.  This  is  pre- 
cisely the  same  power  exercised  by  a  Master  of  a 
Lodge,  and  is  subject  to  the  same  restriction ;  name- 
ly, that  the  meetings  thus  called  are  but  special  or 


MASONIC  JURISPRUDENCE.  257 

emergent  meetings,  at  whicli  no  business  affecting 
the  general  interests  of  the  Craft  can  be  transacted. 
The  stated  meeting  of  the  Grand  Lodge  is  its  An- 
nual Communication,  which  meeting  is  always  pro- 
vided for  in  the  constitution  or  regulations,  and  is 
therefore  not  subject  to  the  caU  of  the  Grand  Master, 
nor  has  he  any  power  to  change  it ;  for  if  he  had 
such  power,  and  should  exercise  it,  then  the  meeting 
would  not  be  the  Annual  Communication,  and  the 
usual  business  of  that  session  could  not  be  lawfully 
transacted.  At  the  Annual  Communication,  too,  the 
order  of  business  is  generally  fixed  by  regulation, 
which  the  Grand  Master  cannot  change  of  his  own 
authority,  because  he  has  agreed  to  observe  and  en- 
force the  regulations  of  the  Grand  Lodge. 

2.  To  preside  at  all  meetings  of  the  Grand  Lodge, 
whether  stated  or  special.  Although  installed  and 
proclaimed  the  Grand  Master  of  Masons,  his  rela- 
tions to  the  Grand  Lodge  are  the  same  in  this  re- 
spect as  those  of  a  Master  to  his  Lodge.  He  is  there- 
fore, by  virtue  of  his  ofiice,  the  presiding  officer,  and 
it  is  the  law  that  while  so  presiding  there  can  be  no 
appeal  from  his  decision  to  that  of  the  Grand  Lodge 
— a  law  which,  though  generally  observed,  has  its 
exceptions ;  usually  effected,  it  is  true,  by  indirec- 
tion, but  effected  none  the  less. 

3.  To  summon  any  Lodge  in  the  jurisdiction,  to 


258  PRINCIPLES  AND    PRACTICE    OF 

preside  therein,  and  to  require  an  account  of  its  do- 
ings. This  is  one  of  the  undoubted  prerogatives  of 
the  Grand  Master — one  that  is  free  from  any  restraint 
but  his  own  judgment,  and  one  that  is  in  keeping 
with  the  nature  of  his  office  and  the  general  princi- 
ples of  the  society,  which  make  him  the  overseer  of 
the  Craft  and  necessarily  clothe  him  mth  aU  the 
power  requisite  to  an  efficient  discharge  of  such  im- 
portant duties. 

4.  To  grant  his  letters  of  dispensation  for  the 
formation  of  new  Lodges  under  such  restrictions  as 
may  be  provided  in  the  constitution  of  his  Grand 
Lodge.  As,  for  instance,  it  is  provided  in  the  consti- 
tution of  the  Grand  Lodge  of  New  York,  "  that  no 
dispensation  to  form  a  new  Lodge  shall  be  issued 
within  three  months  of  the  Annual  Communication," 
that  a  certain  fee  shaU  be  exacted,  and  that  certain 
recommendations  should  accompany  the  petition. 
Now,  it  is  true  that  the  Grand  Master  might  disre- 
gard all  these  requirements  and  issue  his  dispensa- 
tion to  form  a  new  Lodge,  which  would  have  to  be 
respected  till  the  next  Annual  Communication  of  the 
Grand  Lodge ;  but  it  is  clear  that  the  body  would 
not  sanction  so  palpable  a  violation  of  its  statutes, 
even  at  the  hands  of  the  Grand  Master — that  hence 
it  would  refuse  to  recognize  the  new  Lodge  or  its 
work,  and  therefore  the  Grand  Master  is  boimd,  as 


MASONIC   JUEISPBUDENCE.  259 

an  act  of  justice  to  the  petitioners  and  in  view  of  Ms 
own  covenants,  to  respect  the  regulations  that  are 
made  by  his  Grand  Lodge.  The  Grand  Master  of 
England  grants  a  full  warrant,  but  the  sanction  of 
the  Grand  Lodge  is  required  to  complete  the  stand- 
ing of  the  Lodge,  so  that  in  reality  there  is  but  the 
difference  of  a  name  between  the  acts  of  the  English 
Grand  Master  in  constituting  a  new  Lodge  and  that 
of  an  American  Grand  Master  in  issuing  his  dis- 
pensation to  effect  the  same  purpose.  The  real 
exercise  of  power  in  this  respect  being  the  right 
vested  in  the  Grand  Master  to  withhold  his  dispen- 
sation ;  in  which  case  it  would,  as  a  general  thing, 
be  folly  on  the  part  of  the  petitioners  to  expect  a 
warrant  from  the  Grand  Lodge.  Dispensations  are 
likewise  granted  by  the  Grand  Master  for  various 
purposes ;  as — to  shorten  the  interval  between  the 
degrees,  for  processions,  and  other  purposes  ;  but 
generally,  if  not  always,  in  accordance  with  the  re- 
quirements of  the  general  regulations  of  the  Grand 
Lodge. 

5.  To  constitute  new  Lodges  and  instal  their  offi- 
cers when  a  warrant  has  been  issued  by  the  Grand 
Lodge.  •  This  appears  to  be  an  independent  power, 
for  it  is  conceded  that  the  warrant  is  of  no  effect  un- 
til the  Lodge  has  been  duly  constituted  and  its  offi- 
cers installed — the  power  to  do  which  is  vested  in 


260  PRINCIPLES  AND    PKACTICE  OP 

the  Grand  Master,  and  can  only  be  exercised  by  him 
or  by  his  duly  appointed  agent  or  proxy.  So,  too,  in 
the  laying  of  corner-stones  and  the  dedication  of  Ma- 
sonic halls,  the  Grand  Master  acts  by  the  inherent 
authority  of  his  office. 

6.  To  arrest  the  charter  of  a  Lodge,  or  to  suspend 
the  Master  or  any  of  the  officers  from  the  functions 
of  their  respective  stations  imtil  the  annual  meeting 
of  the  Grand  Lodge.  Under  the  constitution  of  the 
Grand  Lodge  of  New  York  the  Grand  Master  may 
absolutely  suspend  a  warrant,  and  with  it,  in  his  dis- 
cretion, all  the  members  of  the  Lodge ;  but  this  is 
an  exceptional  case,  the  general  rule  being  that  the 
Grand  Master  simply  arrests  the  powers  of  the  war- 
rant for  the  time  being,  without  in  any  way  affecting 
the  vaHdity  of  that  instrument ;  that  is,  he  forbids 
any  further  meetings  of  the  Lodge,  or  the  transac- 
tion of  any  business  by  it,  until  the  next  Annual  Com- 
munication of  the  Grand  Lodge  ;  but  if  at  that  an- 
nual meeting  the  Grand  Lodge  should  fail  to  take 
action,  the  warrant  would  instantly  become  valid, 
and  all  the  lawful  powers  accruing  under  it  would  at 
once  inure  to  the  Lodge,  as  completely  as  if  no  ar- 
rest had  taken  place.  This  prerogative  is  therefore 
but  a  part  of  the  executive  or  supervisory  power 
vested  in  the  Grand  Master  during  the  recess  of  the 
Grand  Lodge,  and  is  exercised  by  him  as  the  agent 


MASONIC   JURISPRUDENCE.  261 

of  tlie  body  and  subject  to  such  action  as  may  appear 
judicious  to  it,  when  the  facts  are  presented  in  the 
annual  report  of  the  officer.  The  recall  of  a  Lodge 
under  dispensation  would  of  course  be  a  finality,  be- 
cause the  process  of  creating  a  Lodge  not  having 
been  completed  by  the  vote  of  the  Grand  Lodge  au- 
thorizing a  warrant  of  constitution  to  issue,  the  Lodge 
would  not  have  taken  its  place  in  the  great  family, 
nor  would  it  be  entitled  to  the  immunities  and  privi- 
leges belonging  to  a  regularly  warranted  and  duly 
constituted  Lodge. 

7.  The  right  to  make  Masons  at  sight.  This  is 
undoubtedly  an  inherent  and  inalienable  prerogative 
of  the  Grand  Master,  accorded  to  him  by  the  Ancient 
Landmarks,  and  therefore  not  to  be  affected  by  any 
legislation  of  the  Grand  Lodge,  except  in  so  far  as 
he  may  be  wiUing  to  be  advised  by  the  lawfully  ex- 
pressed will  of  the  brethren,"*  but  is  one  which  is 
seldom  exercised,  and  one  that  will  gradually  become 
a  tradition  by  the  growing  force  of  opinion,  which  is 
rapidly  being  educated  into  a  belief  that  there  should 
be  but  one  entrance  to  the  fold  and  that  all  aspirants 
should  pass  through  it  in  like  manner  and  under 

*  Tlius,  in  1861,  a  resolution  was  passed  by  the  Grand  Lodge  of 
New  York,  requesting  the  Grand  Master  not  to  issue  dispensations 
to  authorize  the  conferring  three  degrees  on  a  candidate  at  one 
meeting  (which  is  in  reality  making  Masons  at  sight),  since  which 
time  no  such  dispensation  has  been  issued. 


262  rRINCIPIJIS  AND   PRACTICE   OF 

similar  restrictions.  This  prerogative  has  been  the 
subject  of  a  vast  amount  of  discussion  within  a  few 
years  past,  the  net  result  of  which  seems  to  be  a 
general  concurrence  in  the  opinion  that  the  Grand 
Master  may  make  Masons  at  sight,  but  that  he  must 
do  so  in  a  regular  Lodge.  The  proviso,  however, 
amounts  to  nothing,  for  the  Grand  Master  certainly 
has  power  to  do  in  person  what  he  can  authorize 
others  to  do  by  his  dispensation,  and  as  no  one  will 
dispute  the  right  of  a  Lodge  U.  D.  to  make  Masons, 
it  follows  that  any  six  Master  Masons  summoned  by 
the  Grand  Master  to  assist  him,  would,  with  himself, 
be  to  all  intents  and  purposes  a  regular  Lodge,  con- 
vened at  the  wUl  of  the  Grand  Master  and  dissolved 
by  a  stroke  of  his  gavel,  when  the  purpose  of  its 
meeting  had  been  accomplished.  The  restriction  is 
therefore  but  an  indication  of  the  general  sentiment, 
that  Masons  ought  not  to  be  made  at  all,  except  in 
the  way  provided  in  the  old  regulations  ;  that  is,  by 
previous  notice,  due  inquiry,  and  after  imanimous 
acceptance  by  some  regular  Lodge,  at  a  stated  com- 
munication. It  has  been  well  said  by  the  M.  W. 
John  L.  Lewis :  "  There  is  no  conceivable  case  which, 
to  my  mind,  presents  a  necessity  for  the  exercise  of 
the  power.  It  ever  resolves  itseK  into  a  question  of 
convenience.  Going  upon  a  voyage  or  a  long  journey 
leads  to  the  inquiry  why  the  petition  was  not  made 


MASONIC  JURISPKUDENCE.  263 

in  a  proper  time  before  the  voyage  or  journey  was 
undertaken.  If  a  return  be  contemplated,  then  the 
petition  can  await  the  return.  The  dispensing  power 
which  arrests  the  requirements  of  written  constitu- 
tions, nay,  of  landmarks,  cannot  be  a  landmark  itself, 
and  should  be  exercised  with  caution.  Every  candi- 
date should  pass  the  investigations  of  a  discreet  com- 
mittee and  the  scrutiny  of  a  secret  ballot,  before 
admission  to  the  portals  of  our  Temple.  "  Making 
Masons  at  sight"  leads  to  hasty  and  imperfect  work 
— to  half-comprehended  and  confusedly-received  in- 
struction, and.  frequently  to  differences  among  breth- 
ren. It  is  the  fruitful  source  of  complaint  where 
these  hastUy-made  Masons  go.  The  exercise  of  the 
power  is  asked  always  from  seMsh,  not  to  say  mer- 
cenary motives ;  for  the  avowed  object  is  always 
some  personal  advantage  to  the  appHcant.  It  rarely 
benefits  the  candidate  who  thus  receives  the  degrees, 
and  its  refusal  can  rarely  injure  him.  The  rush  at 
the  gates  of  the  institution  is  sufficiently  great  with- 
out the  action  of  Grand  officers  to  smooth  the  way.'* 
Few  Masons  having  the  good  of  the  Craft  at  heart 
will  dispute  the  truth  of  the  words  here  quoted  ;  and 
it  is  to  be  hoped  that  the  day  is  not  far  distant  when, 
by  common  consent,  making  Masons  at  sight  will  be 
among  the  things  heard  of  but  not  seen. 
8.  The  power  to  heal  irregularly-made  Masons. 


264  PRINCIPLES  AND    PRACTICE    OP 

Having  occasion,  a  few  years  since,  to  investigate 
this  topic  in  an  official  capacity,  we  found  two  ques- 
tions presenting  themselves  for  solution.  First — 
What  is  healing  ?  and  secondly.  By  what  authority 
is  it  to  be  performed  ?  We  found  great  diversity  of 
opinion  among  those  we  had  always  looked  to  for 
authority,  and,  after  much  correspondence  and  dis- 
cussion, finally  arrived  at  the  conclusion  that  to  heal 
is  in  reality  to  remake  the  irregular  Mason — abbre- 
viating the  ceremonies,  omitting  the  monitorial  in- 
struction, but  giving  the  essentials  as  in  the  case  of 
a  profane.  As  this  process  is  equivalent  to  making 
Masons  at  sight,  it  readily  follows  that  the  power  to 
control  it  is  in  the  Grand  Master,  and  that  he  may 
exercise  it  in  person  or  by  dispensation  to  any  regu- 
lar Lodge  in  his  jurisdiction. 

9.  The  right  of  appointment.  By  referring  to  the 
regulations  of  1721,  it  will  be  seen  that  originally  the 
Grand  Master  wielded  an  almost  imlimited  patron- 
age, in  the  way  of  appointments  to  the  subordinate 
offices  of  the  Grand  Lodge.  He  named  his  Deputy 
and  Wardens  and  various  other  officers  required,  ex- 
cept the  Treasurer,  who  was  always  elected.  Li 
England  and  on  the  continent  such  is  the  custom  to 
this  day,  but  in  the  United  States  the  first  six  offi- 
cers of  a  Grand  Lodge  are  generally  made  elective, 
while  the  remainder  are  usually  appointed  by  the 


MASONIC    JUEISPRUDENCE.  265 

Grand  Master.  He  likewise  appoints  the  committees 
and  representatives  near  other  Grand  Lodges  and 
Grand  Orients. 

10.  As  a  necessary  adjunct  of  the  appointing  power 
there  can  be  no  doubt  but  that  the  Grand  Master 
may,  in  the  exercise  of  his  discretion,  summon  any 
Grand  officer  before  liim,  require  an  account  of  his 
doings,  and  for  cause  suspend  him  from  the  functions 
of  his  office,  or  even  remove  him  altogether. 

11.  By  the  constitutions  of  1721  the  Grand  Master 
is  entitled  to  two  votes,  but  this  is  understood  to  ap- 
ply only  to  cases  of  a  tie,  when  he  gives  the  casting 
vote. 

It  will  be  seen  from  the  foregoing  summary  that 
the  powers  of  the  Grand  Master  are  not  as  absolute 
as  the  popular  traditions  would  have  us  beheve — that 
even  the  powers  wliich  are  indisputably  his  are  sel- 
dom exercised  but  in  obedience  to  the  regulations 
estabHshed  by  the  Grand  Lodge,  and  that  as  he  is 
the  first  Mason  in  his  jurisdiction,  so  he  should  be 
the  most  prompt  in  his  obedience  to  the  laws  which 
he  administers.  Of  the  powers  of  the  Grand  Master, 
Dr.  Oliver  well  says  :  "  There  are  instances  in  which 
it  is  presumed  that  the  Grand  Master  can  do  no 
wrong,  because  he  is  protected  by  his  prerogative 
and  justified  by  an  appeal  to  the  Grand  Lodge.  But 
this  is  a  doubtful  doctrine,  and  ought  to  be  received 
12 


2GG  PMNCITLES  AND  PBACTICE  OF 

with  caution,  although  it  derives  a  negative  corrobo- 
ration from  the  constitution  of  1721,  which  admits 
that  an  abuse  of  power  has  never  yet  occurred,  and 
therefore  it  is  unprovided  for  by  the  text  of  Masonic 
law." 

"  The  Grand  Lodges  of  the  United  States  enter- 
tain adverse  opinions  on  this  point ;  for  while  those 
of  Maryland  and  Florida  have  pronounced  that  an 
*  appeal  from  the  decision  of  the  Grand  Master  is  an 
anomaly  at  war  with  every  principle  of  Freemasonry, 
and  as  such  not  for  a  moment  to  be  tolerated  or 
countenanced,'  others  have  promulgated  a  contrary 
doctrine ;  but  even  these  admit  that  the  only  real 
and  practical  penalty  at  their  disposal  is  the  free  ex- 
pression of  pubHc  opinion  on  his  presumed  delin- 
quencies. But  as  the  power  of  the  Grand  Master  is 
derived  from  the  Grand  Lodge,  and  that  body  is 
composed  of  delegates  elected  by  the  private  Lodges, 
if  he  should  commit  any  flagrant  act  of  injustice  the 
veto  of  the  latter  will  determine,  at  the  ensuing  elec- 
tion, whether  he  shall  continue  in  an  office  whose  li- 
cense he  has  abused  by  ignoring  the  opinions  of  the 
Craft  and  acting  in  open  violation  of  the  constitu- 
tions. For  what  is  each  private  Lodge  but  a  local 
legislature,  while  the  Grand  Lodge  constitutes  a  vent 
for  the  collective  wisdom  of  its  members." 

"It  is  weU  for  the  general  interests  of  Masonry 


MASONIC  JUKISPEUDENCE.  267 

that  sucli  is  tlie  fact ;  for  it  is  a  sound  doctrine  that 
the  opinions  of  the  whole  united  body  ought  to  sway 
the  counsels  of  their  delegates,  and  prevent  any  of- 
fensive exercise  of  arbitrary  power  in  the  Grand 
Master." 

"Prejudice,  partiality,  or  caprice,  may  influence 
the  judgment  of  a  single  individual,  and  produce  de- 
plorable consequences,  however  virtuous  in  intention 
or  honorable  in  conduct  he  may  be,  which  in  dehb- 
erative  bodies  of  men  could  never  happen.  Such  is 
the  security  which  Masons  possess  against  the  wilful 
aggression  of  their  rulers." 

The  Grand  Master  is  required  by  the  ancient  reg- 
ulations, and  all  subsequent  constitutions,  to  be 
elected  annually,  but  it  does  not  follow  that  there 
need  necessarily  to  be  a  change  at  each  election. 
The  tendency  is  indeed  the  other  way — especially  in 
Europe,  where  it  may  almost  be  said  to  be  a  life 
tenure.  "  During  the  last  century,"  says  Dr.  Oliver, 
"  the  prevailing  custom  was  to  change  the  Grand 
Master  every  year  or  two,  in  order  to  induce  a  greater 
number  of  the  nobihty  to  enter  the  Order,  who  were 
by  this  practice  furnished  with  an  opportunity  of 
being  placed  at  its  head,  and  acquiring  for  the  re- 
mainder of  their  lives  the  distinguished  rank  of  a 
Past  Grand  Master  ;  but  for  the  last  sixty  or  seventy 
years  the  office  has  been  a  Hfe  appointment.     Hia 


or  fME 

NiVERSITY 


268  PRINCIPLES  AND   PRACTICE    OF 

Koyal  Highness  the  Duke  of  Cambridge  was  elected 
in  1781,  and  held  the  office  nine  years.  At  his  death, 
in  1790,  His  Eojal  Highness  the  Prince  of  Wales 
was  elected  in  his  stead.  He  held  the  office  twenty- 
three  years,  and  when  he  became  Prin^  Regent,  in 
1813,  he  resigned  the  Grand  Mastership  and  assumed 
the  title  of  Grand  Patron,  and  his  brother,  the  Duke 
of  Sussex,  was  elected,  who  held  the  office  till  his 
death,  in  1843,  being  thirty  years.  The  present 
Grand  Master  was  then  chosen,  and  has  filled  the 
throne  ever  since."  So  that  at  present  England  has 
no  Past  Grand  Master.  Instances  are  not  wanting, 
in  our  own  country,  of  long  tenure  of  office,  as  in  the 
case  of  the  late  M.  W.  Phihp  C.  Tucker,  of  Vermont, 
and  others  ;  but  our  bustling,  active  life,  and  the  fact 
that  our  Grand  Masters  are  usually  business  men, 
make  the  pohtical  axiom  of  "  rotation  in  office"  ap- 
ply till  it  has  become  a  rule  sanctioned  by  custom  to 
consider  two  years  as  about  the  term  of  service  that 
may  be  required  of  one  incumbent.  The  present 
Grand  Master  of  France,  Marshall  Magnan,  was  ap- 
pointed to  his  station  by  the  Emperor,  without  the 
formaHty  of  an  election  by  the  representatives  of  the 
Fraternity  in  the  Grand  Orient.  This  proceeding 
was  evidently  a  pohtical  couji,  as  the  French  term  it, 
and  was  doubtless  acquiesced  in  by  the  Craft  to  pre- 
vent worse  consequences  befalling  them.     A  subse- 


MASONIC  JURISPRUDENCE.  269 

quent  attempt  to  coerce  tlie  society  into  tlie  adoption 
of  measures  that  would  have  made  it  a  mere  puppet 
in  the  hands  of  the  astute  monarch,  was,  however, 
gallantly  and  successfully  resisted,  showing  that 
there,  as  elsewhere,  the  brethren  are  not  disposed  to 
yield  up  the  inherent  sovereignty  that  of  right  be- 
longs to  them. 

THE  DEPUTY  GRAND  MASTER. 

Unlike  the  office  of  Grand  Master,  which  has  al- 
ways existed,  that  of  Deputy  is  a  creation  of  the  Reg- 
ulations of  1721,  previous  to  which  time  there  does 
not  appear  to  have  been  such  an  officer.  As  the  title 
indicates,  he  is  the  immediate  assistant  of  the  Grand 
Master,  and  his  lawful  successor  wh^n  from  any  cause 
the  Grand  Master  is  unable  ta  act.  The  object  of  his 
appointment  may  be  gathered  from  the  sixteenth  ar- 
ticle of  the  Regulations  of  1721 :  "The  Grand  Mas- 
ter should  receive  no  intimation  of  business  concern- 
ing Masonry,  but  from  his  Deputy  first,  except  in 
such  certain  cases  as  his  Worship  can  well  judge  of  ; 
for  if  the  apphcation  to  the  Grand  Master  be  irregu- 
lar, he  can  easily  order  the  Grand  Wardens,  or  any 
other  brethren  thus  applying,  to  wait  upon  his  Dep- 
uty, who  is  to  prepare  the  business  speedily,  and  lay 
it  orderly  before  his  Worship." 


270  PRINCIPLES  AND  PRACTICE  OP 

He  has  no  powers  but  such  as  are  specially  con- 
ferred upon  him  by  his  Grand  Lodge  constitution, 
and  as  these  vary  somewhat  in  each  jui'isdiction,  it 
would  be  difficult,  if  not  impossible,  to  state  any  gen- 
eral rule  applying  to  his  office.  In  the  State  of  New 
York,  the  Deputy  Grand  Master  is  clothed  with  con- 
siderable power ;  he  may  grant  dispensations  to  cre- 
ate new  Lodges  and  for  conferring  degrees,  arrest 
charters,  etc.,  but  as  all  his  acts  are  liable  to  be  re- 
versed at  any  time  by  the  Grand  Master,  he  necessa- 
rily proceeds  with  great  caution.  In  Minnesota,  his 
powers  are  altogether  latent,  and  only  to  be  called 
into  exercise  in  case  of  the  death,  absence,  or  inabil- 
ity  of  the  Grand  Master.  Thus,  a  dispensation  to 
form  a  new  Lodge,  granted  by  the  Deputy  in  that 
State,  was  held  to  be  irregular,  and  the  Masons  made 
under  it  were  required  to  be  healed.  We  incline  to 
the  opinion  that  Minnesota  is  right,  and  that  the 
true  office  of  the  Deputy  Grand  Master  is  to  prepare 
any  business  concerning  Masonry  that  may  be  re- 
quired to  be  laid  before  the  Grand  Master,  to  act  as 
his  proxy  when  required,  and  be  prepared  in  case  of 
need  to  succeed  to  his  functions.  In  the  United 
States,  the  Deputy  Grand  Master  is  generally  elected, 
but  in  other  countries  he  is  appointed  by  the  Grand 
Master. 


MASONIC  JUKISPRUDENCE.  271 


THE  GRAND  WARDENS. 


The  duties  of  a  Grand  Warden  are  similar  to  those 
of  the  Warden  of  a  particular  Lodge.  They  stand 
next  in  rank  and  dignity  to  the  Deputy  Grand  Mas- 
ter, and  succeed  in  order  of  seniority  to  the  duties  of 
the  Grand  Master  when  required  so  to  do  by  the  ab- 
sence of  their  superior  officers.  As  in  the  Lodge, 
too,  the  offices  of  Senior  and  Junior  Grand  Warden 
are  entirely  separate,  and  it  does  not  follow  that  be- 
cause the  Senior  Grand  Warden  is  absent,  that  the 
Junior  is  to  take  his  place,  or  that  in  the  absence  of 
the  Deputy  the  Senior  Grand  Warden  is  to  sit  on  the 
left  of  the  Grand  Master,  but  in  case  of  a  vacancy  in 
either  office  it  is  to  be  temporarily  filled  by  appoint- 
ment of  the  Grand  Master.  The  rule  of  succession 
only  applies,  in  either  case,  when  all  the  superior  of- 
ficers are  absent.  They  have  no  other  prerogative 
except  that  of  presiding  in  subordinate  Lodges  when- 
ever they  are  present  in  company  with  the  Grand 
Master.  They  form  part  of  the  cabinet  or  council  of 
the  Grand  Master,  and  are  always  consulted  in  rela- 
tion to  the  business  of  the  Grand  Lodge.  In  Europe, 
they  are  appointed.  Li  this  country,  the  Grand 
Lodges  reserve  the  right  of  electing  them. 


272  PRINCIPLES  AND  PRACTICE  OP 

THE  GRAND   TREASURER. 

The  duties  of  this  officer  are  strictly  financial.  He 
takes  charge  of  all  the  properties,  funds,  and  vouch- 
ers of  the  Grand  Lodge,  pays  all  orders  properly 
drawn  upon  the  money  in  his  custody,  is  required  to 
give  bonds  for  the  faithful  performance  of  his  duties, 
to  submit  his  books  and  vouchers  to  inspection  when- 
ever required  by  the  Grand  Master  or  Grand  Lodge, 
and  to  pay  over  to  his  successor  all  funds,  property, 
and  vouchers  remaining  in  his  hands  at  the  expira- 
tion of  his  term  of  office. 

The  first  Grand  Treasurer  seems  to  have  been  ap- 
pointed in  1727,  and  the  duties  expected  of  him  are 
very  fully  defined  in  the  old  Regulations.  He  con- 
tinued in  office  till  1738,  when  a  Grand  Treasurer 
was  elected,  and  since  that  time  the  office  has  always 
been  filled  by  the  votes  of  the  members  of  the  Grand 
Lodge.  He  is  by  virtue  of  his  office  a  member  of 
the  body. 

GRAND  SECRETARY. 

This  office  was  first  created  in  1723,  and  has  grown 
in  importance  with  the  vast  proportions  assumed  by 
the  society  till  now  it  is  at  once  a  post  of  distinction 
and  a  laborious  charge  upon  its  incumbent.  Its  du- 
ties are  of  such  a  responsible  nature  that  none  but 


X  MASONIC  JURISPRUDENCE.  273 

men  of  education  and  refinement  should  accept  its 
honors,  or  be  elected  to  the  discharge  of  its  duties. 
As  the  amanuensis  of  the  Grand  Lodge,  the  Grand 
Secretary  is  brought  into  contact  with  brethren  from 
all  parts  of  the  globe,  and  should  be  able  by  his  ur- 
banity and  courtesy  to  convey  a  favorable  impression 
of  the  body  he  represents.  He  not  only  issues  sum- 
mons for  all  meetings  of  the  Grand  Lodge  and  its 
committees,  but  is  bound  to  attend  them  with  his 
books  when  required,  m  order  that  he  may  impart 
information  and  take  a  eareful  record  of  the  proceed- 
ings, to  be  read  for  information  at  subsequent  meet- 
ings and  to  be  preserved  in  the  archives  for  future 
reference.  The  returns  of  all  subordinate  Lodges 
are  made  to  him,  and  he  is  in  most  jurisdictions  re- 
quired to  keep  a  correct  registry  of  their  members. 
He  is  to  receive,  duly  file,  and  safely  keep  all  papers 
and  documents  of  the  Grand  Lodge,  to  sign  and  cer- 
tify all  instruments  emanating  from  it,  to  receive  and 
keep  a  proper  account  of  all  moneys  of  the  Grand 
Lodge  and  pay  them  over  to  the  Grand  Treasurer, 
and  to  report  annually  to  his  Grand  Lodge  a  detailed 
account  of  his  acts.  la  addition  to  his  clerical  du- 
ties, he  is  frequently — in  this  country — the  chairman 
of  the  Committee  on  Foreign  Correspondence,  and 
is  charged  with  the  correspondence  of  the  Grand 
Lodge,  under  direction  of  the  Grand  Master.   In  the 


274:  PRINCIPLES  AND   PRACTICE  OP 

important  and  often  delicate  questions  that  are 
treated  in  this  correspondence,  great  tact  and  dis- 
crimination are  requii-ed,  and  the  mental  calibre  of 
the  officer  is  here  put  to  its  severest  test.  Though 
but  limited  discretion  is  given  the  Grand  Secretary 
in  recording  the  official  transactions  of  the  Grand 
Lodge,  which,  being  presented  in  the  form  of  written 
resolutions,  reports,  etc.,  he  has  little  more  to  do 
than  to  arrange  in  the  Order  of  their  presentation,  he 
may,  and  ought,  by  a  proper  use  of  the  material  that 
passes  through  his  hands,  prepare  and  preserve  a 
history  of  the  great  Masonic  events  of  his  day  that 
should  have  the  quality  of  correctness  and  the  value 
of  being  official. 

This  office  comes  nearest  a  life-tenure  of  any  con- 
nected with  our  Grand  Lodges,  the  same  brother  be- 
ing generally  continued  in  it  by  successive  re-elec- 
tions as  long  as  he  chooses  to  serve. 

THE  GRAND  CHAPLAINS. 

This  office,  although  of  modern  origin,  the  first 
Grand  Chaplain  having  been  appointed  in  1775,  has 
now  very  properly  been  assigned  a  place  in  all  the 
American  Grand  Lodges.  It  is  a  graceful  tribute  to 
that  religious  principle  that  should  underlie  all  great 
institutions,  and  is  peculiarly  becoming  in  our  Grand 
Lodges,  which  admit  the  fimdamental  truths  all  re- 


MASONIC   JURISPRUDENCE.  276 

ligions,  but  pay  no  heed  to  the  distinctions  of  creed 
or  sect,  it  being  no  uncommon  thing  for  several 
Grand  Chaplains  to  be  appointed,  each  of  whom 
represents  a  different  reUgious  denomination.  The 
duty  of  a  Grand  Chaplain  is  to  conduct  the  reHgious 
ceremonies  of  the  Grand  Lodge,  as  well  in  its  usual 
assembhes  as  on  occasions  of  pubKc  ceremony. 

THE  GRAND  MARSHAL. 

This  is  an  office  which  seems  to  have  been  created 
in  the  days  when  Masonic  processions  were  more 
frequent  than  they  are  now,  or,  we  trust,  are  ever 
likely  to  become  again,  and  the  duty  of  this  officer — 
as  the  name  implies — was  to  conduct  them.  In  these 
days,  and  in  such  Grand  Lodges  as  appoint  a  Grand 
Marshal,  he  is  stationed  near  the  Grand  Master,  to 
assist  in  maintaining  order  and  observing  such  com- 
mands as  may  be  given  him  by  the  presiding  officer. 
He  is  required  to  take  charge  of  processions  of  the 
Grand  Lodge,  should  any  occur. 

THE  GRAND   STANDARD  BEARER. 

This  is  one  of  the  appointed  officers  in  some  Grand 
Lodges,  but  by  no  means  in  all.  His  duty  is  to  take 
charge  of  the  banner  of  the  Grand  Lodge  in  all  pub- 
lic processions. 


276  PRINCIPLES  AND    PRACTICE   OP 

THE  GRAND  SWORD  BEARER. 

Like  the  Standard  Bearer,  this  officer  is  appointed 
by  the  Grand  Master.  His  special  duty  is  to  carry 
the  state  sword  immediately  in  front  of  the  Grand 
Master,  in  public  ceremonials  in  which  the  Grand 
Lodge  participates. 

THE  GRAND   STEWARDS. 

These  officers,  as  imphed  by  their  title,  were  form- 
erly charged,  in  conjunction  with  the  Grand  War- 
dens, with  the  preparations  for  the  annual  feast,  an 
indispensible  accompaniment  of  the  Grand  Annual 
Communication  which  was  held  on  St.  John's  Day, 
in  June  or  December,  as  the  Grand  Lodge  by  regu- 
lation should  decide — ^usually  in  Jime.  They  made 
the  necessary  purchases,  sold  the  tickets  bearing  the 
Grand  Master's  seal,  and  rendered  their  accounts  to 
the  Grand  Lodge  "  after  dinner,"  as  will  be  found  in 
the  thirteenth  and  fourteenth  of  the  old  Regulations. 
Such,  we  believe,  is  the  custom  in  England  to  this 
day ;  but  in  America  the  annual  feast — except,  per- 
haps, in  one  or  two  instances — has  become  obsolete, 
and  the  communications  of  Grand  Lodges  are  de- 
voted to  the  regular  business  of  the  Craft.  The 
Grand  Stewards  are  now  generally  charged  with  the 
investigation  of  applications  for  assistance  on  the 


MASONIC   JURISPRUDENCE.  277 

part  of  indigent  brethren,  widows,  and  orphans,  from 
the  funds  of  the  Grand  Lodge. 

THE  GRAND  DEACONS 

Are  appointed  officers,  and  Hke  the  Deacons  of  a 
Lodge  are  the  messengers  of  the  Grand  Master  and 
Grand  Wardens.  They  are  stationed  near  the  Grand 
Master,  in  all  public  processions  and  ceremonials. 
The  Grand  Marshal,  Grand  Standard  Bearer,  Grand 
Sword  Bearer,  Grand  Stewards,  and  Grand  Deacons 
have  no  powers  or  prerogatives,  merely  obeying  such 
orders  as  may  be  issued  to  them,  and  are  generally 
termed,  in  military  parlance,  the  Staff  of  the  Grand 
Master. 

THE  GRAND  POURSUIVANT, 

Whose  title  comes  down  to  us  from  the  days  of 
chivalry,  is  a  kind  of  assistant  Tyler,  and  exercises 
functions  analagous  to  those  of  the  Junior  Deacon  of 
a  Lodge,  being  placed  inside  the  porch  of  the  Tem- 
ple to  maintain  order  among  those  congregated  there, 
and  to  see  that  none  pass  or  repass  without  the  req- 
uisite permission. 

THE  GRAND  TH^ER, 

Like  his  prototype  in  the  subordinate  Lodge,  is 
placed  outside  the  gate  and  charged  with  watch  and 


278  PRINCIPLES  AND    PRACTICE    OP 

ward  against  all  who  are  not  entitled  to  pass.  Al- 
though the  lowest  in  rank  of  the  Grand  officers,  he 
is  certainly  not  the  least  important,  for  on  him  rests 
the  responsibihty  of  a  careful  guard  against  cowans 
and  a  courteous  welcome  to  the  true.  It  is  of  the 
highest  importance  that  he  should  not  hghtly  vouch 
for  any  one  ;  for,  as  having  been  present  with  a  per- 
son in  Grand  Lodge  is  considered  the  highest  au- 
thority for  admitting  him  to  a  subordinate  one,  a 
mistake  here  might  lead  to  many  others.  The  Grand 
Poursuivant  and  Grand  Tyler  are  usually  Past  Mas- 
ters of  long  standiDg,  and  are  generally  paid  a  mod- 
erate salary  for  their  services. 

THE  GRAND  LECTURER. 

In  the  earlier  days  of  Masonry  on  the  American 
continent,  it  was  usual  to  appoint  a  number  of  breth- 
ren in  each  Grand  Lodge  jurisdiction,  under  the  title 
of  "  Grand  Yisitors,"  who  were  employed  in  journey- 
ing about  the  State,  visiting  the  Lodges,  examining 
their  work,  instructiug  them  when  required,  and  at- 
tending to  such  other  business  connected  with  the 
welfare  of  the  Craft  as  might  be  confided  to  them  by 
the  Grand  Lodge  or  Grand  Master ;  but  with  the  iu- 
crease  of  Lodges  and  Masons,  the  labor  has  been 
divided,  the  "  work"  beiag  placed  in  charge  of  Grand 
Lecturers,  and  the  other  business  in  that  of  District 


MASONIC  JURISPRUDENCE.  279 

Deputy  Grand  Masters.  The  present  idea  of  a  Grand 
Lecturer  seems  to  be,  that  he  shall  have  the  quahty 
of  being  able  to  recite  the  words  of  the  ritual  with 
undeviating  accuracy  as  often  as  may  be  required, 
which  point  being  reached,  nothing  further  is  looked 
for  by  the  Craft,  and  rarely,  if  ever,  offered  by  the 
Lecturer.  For  this  state  of  affairs  the  Grand  Lec- 
turers are  not  to  be  held  responsible  ;  they  are  ap- 
pointed to  comply  with  a  certain  demand,  and  they 
do  it ;  but  it  is  to  be  regretted  that  public  sentiment 
should  have  been  so  viciously  educated,  and  that  the 
formal  repetition  of  set  phrases  should  have  come  to 
be  considered  of  such  vital  ^portance  to  Masonry, 
to  the  exclusion,  in  too  many  instances,  of  higher 
and  nobler  themes — to  the  making  of  the  paths  that 
lead  to  the  Temple  of  greater  importance  than  aU 
the  glorious  arcana  within  its  precincts.  Masonry  is 
a  science,  and  as  such  appeals  to  men  of  intelligence 
and  education,  and  offers  a  sure  reward  to  the  indus- 
trious seeker  after  its  hidden  mysteries ;  but  such 
men  will  not  and  cannot  be  hampered  by  the  mere 
words  in  which  the  formulas  of  initiation  shaU  be 
communicated  or  explained,  nor  will  they  consent  to 
fritter  away  precious  time  in  chasing  the  shadows  of 
verbiage  when  they  can  be  better  employed  in  pur- 
suit of  solid  attainments,  of  which  our  system  offers 
such  an  abundance.   We  have,  then,  no  hesitation  in 


280  PRINCIPLES  AND    PRACTICE  OP 

saying  that  we  have  seen  with  sincere  regret  the  spe- 
cial efforts  made  within  a  few  years  to  bend  the  ener- 
gies of  the  Craft  to  the  attainment  of  uniformity  in 
the  ritual — a  chimera  as  unsubstantial  as  the  visions 
of  the  night ;  that,  so  far  from  producing  the  desired 
end,  has  but  resulted  in  the  estrangement  of  breth- 
ren, in  differences  among  the  workmen  on  different 
parts  of  the  building,  in  the  intrusion  of  crude  ideas 
hatched  in  the  brains  of  unlettered  men — always  pre- 
sented, however,  as  the  ancient  work ;  in  short,  of 
making  confusion  worse  confounded,  and  substituting 
the  exercise  of  the  hps  for  the  legitimate  work  of  the 
brain.  That  the  Grand  Lodge  is  the  lawful  custo- 
dian of  the  work,  we  fi-eely  admit,  and.  that  it  should 
always  endeavor  to  maintain  the  essentials  of  the 
ritual  in  the  simple  quaintness  of  the  fathers,  we  ac- 
knowledge, but  we  can  see  in  this  no  reason  why  a 
legitimate  duty  should  be  made  the  vehicle  of  an  at- 
tempt to  forcie  all  men  to  think  and  see  alike,  or  to 
assert  an  equality  of  intellect  where  the  Great  Archi- 
tect has  refused  so  to  make  men  ;  much  less  can  it 
be  made  the  apology  for  secret  combinations  in  be- 
half of  particular  systems,  by  the  introduction  of 
which  it  is  hoped  not  only  to  make  individual  in- 
structors always  use  the  same  identical  words,  but 
to  reduce  the  general  mind  to  a  certain  line,  from 
which  it  shall  never  swer^^e  to  the  right  or  left  by  the 


MASONIC   JURISPEUDENCE.  281 

breadth  of  a  hair.  Yet  we  have  witnessed  within  a 
few  years  a  combined,  systematic,  and  secret  attempt 
to  displace  the  authority  of  Grand  Lodges  in  this 
particular,  and  substitute  one  set  of  words  for  an- 
other ;  and  we  have  seen,  too,  that  it  has  given  rise 
to  more  heart-burnings,  ill  blood,  and  unmasonic 
demonstrations  than  anything  that  has  been  sought 
to  be  fixed  upon  the  institution  since  its  introduction 
into  this  country.  And  the  men,  too,  who  are  most 
ardent  in  this  work  are  generally  those  who  scarcely 
know  that  Masonry  has  a  history,  a  philosophy,  or  a 
literature ;  who  are  innocently  unaware  that  the 
"  work"  which  secures  their  admiration  and  com- 
mands their  zeal  is  but  one  of  the  variations  that 
have  been  made  from  time  to  time  since  the  days  of 
the  great  innovator  Preston,  and  those  of  his  imita- 
tor and  still  greater  innovator  "Webb.  The  original 
degrees  of  Masonry  have  been  so  buried  under  the 
multipHed  additions  of  ritualists,  for  the  last  hun- 
dred years,  that  the  Masons  of  the  present  day — 
choose  what  system  they  will — cannot  hope  to  ap- 
proach the  simplicity  of  the  original.  Why,  then, 
devote  our  time  and  attention  to  mere  words  ?  "Why 
quarrel  about  A,  B,  or  C's  work,  when  we  know  that 
neither  of  them  is  anything  more  than  a  new  version 
of  an  old  story,  and  that  not  one  of  them  is  in  truth 
the  true  work  practised  so  recently  as  1717  ?    Let 


282  PRINCIPLES  AND   PRACTICE   OF 

US  rather  seek  to  retain  the  essential  features  of  the 
ritual,  with  less  regard  for  the  mere  words  in  which 
our  ideas  may  be  conveyed,  or  at  least  without  mak- 
ing the  power  of  machine-like  repetition  the  test  of 
Masonic  perfection. 

From  these  premises  the  reader  will  easily  arrive 
at  the  conclusion,  that  a  Grand  Lecturer  should  be 
something  more  than  a  ritualist ;  that  he  should  be 
able  to  instruct  the  brethren  not  only  in  the  forms 
and  ceremonies  of  the  several  degrees,  but  in  the 
hidden  meaning  of  the  symbols ;  that,  having  led 
them  through  the  courts  of  the  Temple,  he  should 
be  able  to  put  aside  the  vail  that  conceals  the  inner 
mysteries,  and  direct  their  investigations  to  higher 
and  nobler  themes. 

When  such  are  the  qualifications  requii'ed  of  Grand 
Lecturers,  and  they  prepare  themselves  accordingly, 
a  brighter  day  wiU  dawn  upon  Masonry,  and  its  dis- 
ciples wiU  have  arrived  one  stage  nearer  the  accom- 
plishment of  its  mission. 

DISTRICT   DEPUTY  GRAND  MASTERS. 

The  officers  who  bear  this  title  have  been  known 
to  the  Craft  but  a  short  time,  the  office  having  been 
created  to  supply  a  want  growing  out  of  the  vast  in- 
crease of  the  society  in  modern  times.  They  have, 
therefore,  no  inherent  powers,  and  only  exercise  such 


MASONIC  JURISPRUDENCE.  283 

functions  as  may  be  specially  given  them  by  the  con- 
stitutions of  the  Grand  Lodge  for  which  they  act. 
They  are  really  Assistant  Deputy  Grand  Masters,  but 
are  distinguished  from  the  real  Deputy  by  the  fact, 
that  while  he  may  exercise  the  powers  of  his  office 
in  any  part  of  the  jurisdiction,  they  are  limited  to  the 
supervision  of  a  certain  number  of  Lodges  called,  for 
convenience  sake,  a  Masonic  district,  whence  their 
title.  Although  the  powers  exercised  by  them  vary 
somewhat  in  different  locahties,  the  general  idea  is, 
that  they  shall  visit  all  the  Lodges  in  their  district 
at  least  once  in  each  year,  examine  their  records  and 
proceedings,  collect  statistics  of  their  numbers  and 
progress,  and  report  annually  to  the  Grand  Lodge 
their  standing,  and  what — if  any — ^legislation  is  re- 
quired to  promote  their  welfare  and  prosperity. 

The  appointment  of  these  officers  is  but  an  exten- 
sion of  the  twentieth  of  the  old  Kegulations,  which 
requires  the  "  Grand  Master,  with  his  Deputy  and 
"Wardens,  to  go  round  and  visit  all  the  Lodges  about 
town  (at  least  once)  during  his  Mastership."  When 
that  regulation  was  adopted,  there  were  not,  prob- 
ably, a  dozen  Lodges  in  London,  so  that  the  caU 
upon  the  Grand  Master's  time  was  not  onerous  ;  but 
in  some  of  the  American  jurisdictions,  where  there 
are  from  two  hundred  and  fifty  to  five  hundred 
Lodges,  a  single  visit  to  each  would  be  a  severe  tax 


284  PRINCIPLES  AND  PRACTICE  OF 

Upon  the  Grand  Master's  time.  Moreover,  it  it  quite 
as  necessary  to  visit  Lodges  out  of  cities  as  those  in 
them,  and  it  was  therefore  necessary  to  devise  some 
plan  by  which  that  object  could  be  accomplished ; 
and  this,  in  our  judgment,  was  most  happily  effected 
in  the  creation  of  the  oflfice  of  District  Deputy. 

The  brethren  who  accept  these  offices  by  no  means 
acquire  honor  without  labor ;  on  the  contrary,  the 
duties  required  of  them  demand  much  time,  no  small 
amount  of  patience,  good  address,  and  familiarity 
with  the  laws  and  usages  of  the  society.  In  some  of 
the  country  districts,  where  the  Lodges  are  located 
at  considerable  distances  from  each  other,  it  is  often 
necessary  for  the  Deputy  to  leave  his  usual  avoca- 
tions and  travel  many  weary  miles,  in  the  discharge 
of  his  duty  ;  and  yet,  we  are  proud  to  say,  those  du- 
ties are  rarely  neglected.  The  benefits  that  thus  ac- 
crue to  Masonry  may  not  be  lightly  estimated ;  and 
while  we  should  be  glad,  for  the  sake  of  the  Craft,  to 
see  the  system  adopted  in  every  Grand  Lodge  juris- 
diction, and  trust  to  see  it  always  continued  in  our 
own,  we  would  bespeak  a  larger  appreciation  of  the 
officers  themselves,  and  such  a  recognition  of  their 
importance  as  would  enable  them  to  appear  in  Grand 
Lodge  at  the  Annual  Communications,  mthout  ex- 
pense to  them  individually.  While  the  Masters  and 
Wardens  represent  their  particular  Lodges,  the  Dis- 


MASONIC  JUEISPRUDENCE.  285 

trict  Deputies  represent  a  number,  and  are  qualified 
by  actual  inspection  to  speak  of  their  condition  and 
needs,  and  thus  enable  the  Grand  Lodge  to  legislate 
advisedly  on  matters  that  relate  to  the  welfare  of  the 
great  body  of  the  Craft. 

Their  immediate  value,  however,  is  in  the  fact  of 
their  availability  in  arranging  unseemly  bickerings, 
and  preserving  that  concord  and  unity  so  essential 
to  the  well-being  of  Lodges,  by  counsel,  by  admoni- 
tion, and — when  needed — ^by  the  strong  hand  of  au- 
thority. A  kind  word  spoken  in  season  may  quench 
the  fires  of  passion  about  to  break  forth,  and  while 
the  beUigerents,  from  a  sense  of  wounded  or  mis- 
taken pride,  might  fail  to  allow  for  each  other's 
faults,  or  take  the  first  step  toward  reconciliation, 
the  District  Deputy  could  gracefully  do  so,  as  one  of 
the  duties  of  his  office  ;  and  if  these  brethren  never 
did  anything  else,  we  hold  that  their  appointment 
would  be  most  commendable. 


OF  rwe  ^ 


APPENDIX. 


FORM  OF  PETITION  FOR  A  NEW  LODGE. 

To  the  M.  W.  Grand  Master  of  Masons  of  the  State  of 

The  undersigned  petitioners,  being  Ancient  Free  and  Accepted 
Master  Masons,  having  the  prosperity  of  the  fraternity  at  heart, 
and  willing  to  exert  their  best  endeavors  to  promote  and  diffuse 
the  genuine  principles  of  Masonry,  respectfully  represent — That 

they  are  desirous  of  forming  a  new  Lodge  in  the of 

to  be  named No They  therefore  pray  for  letters  of 

dispensation,  to  empower  them  to  assemble  as  a  regular  Lodge,  to 
discharge  the  duties  of  Masonry,  in  a  regular  and  constitutional 
manner,  according  to  the  original  forms  of  the  Order,  and  the  reg- 
ulations of  the  Grand  Lodge.  They  have  nominated  and  do  recom- 
mend Brother  A.  B.  to  be  the  first  Master  ;  Brother  C.  D.  to  be 
the  first  Senior  Warden,  and  Brother  E.  F.  to  be  the  first  Junior 
Warden,  of  said  Lodge.  If  the  prayer  of  this  petition  shall  bo 
granted,  they  promise  a  strict  conformity  to  the  edicts  of  the  Grand 
Master,  and  the  constitution,  laws  and  regulations  of  the  Grand 
Lodge. 


FORM  OF  DISPENSATION  FOR  A  NEW  LODGE. 

To  all  whom  it  may  concern: 

Know  ye.  That  we,  A.  B. ,  Most  Worshipful  Grand  Master  of  An- 
cient, Free  and  Accepted  Masons  of having  received  a  peti- 
tion from  a  constitutional  number  of  brethren,  who  have  been 
properly  vouched  for  as  Master  Masons  in  good  standing,  setting 
forth  that,  having  the  honor  and  prosperity  of  the  Craft  at  heart, 

they  are  desirous  of  establishing  a  new  Lodge  at under  our 

masonic  jurisdiction,  and  requesting  a  Dispensation  for  the  same  ; 


288  APPENDIX. 

And  whereas  there  appears  to  us  good  and  sufficient  cause  for 
granting  the  prayer  of  the  said  petition  ;  we,  by  virtue  of  the  pow- 
ers in  ufl  vested  by  the  ancient  Constitutions  of  the  Order,  do  grant 
this  our  Dispensation,  empowering  Brother  A.  B.  to  act  as  Wor- 
shipful Master,  Brother  C.  D.  to  act  as  Senior  Warden,  and  Bro- 
ther E.  F.  to  act  as  Junior  Warden  of  a  Lodge  to  be  held  under 

our  jurisdiction  at by  the  name  of And  we  further 

authorize  the  said  brethren  to  Enter,  Pass,  and  liaise  Freemasons, 
according  to  the  Ancient  Constitutions  of  the  Order,  the  customs 
and  usages  of  the  Craft,  and  the  Rules  and  Regulations  of  the 

Most  Worshipful  Grand  Lodge  of and  not  otherwise.    And 

this  our  Dispensation  shall  continue  of  force  until  the  Grand 
Lodge  aforesaid  shall  grant  a  Warrant  of  Constitution  for  the  same, 
or  this  Dispensation  be  revoked  by  us,  or  the  authority  of  the 
aforesaid  Grand  Lodge. 

Given  under  our  hand,  and  the  seal 

[L.  S.]  of  the  Grand  Lodge,  at this 

day  of ,A.-.  L.-.  58    . 

Q B , 

y Z Orand  Masln-, 

Orand  Secretary. 


FOllM  OF  WARRANT  FOR  A  LODGE. 

Grand  Master. 
Dep.  G.  Master. 
Sen.  G.  Warden. 
JuN.  G.  Warden. 
We,  the  Grand  Lodge  of  the  Most  Ancient  and  Honorable  Frft- 

ternity  of  Free  and  Accepted  Masons,  of  the  State  of ,  in 

Ample  Form  assembled,  according  to  the  Old  Constitutions,  regu- 
larly and  solemnly  established  under  the  auspices  of  Prince  Edwin, 
at  the  city  of  York,  in  Great  Britain,  in  the  year  of  Masonry  4926, 
viz.  : 

The  Most  Worshipful  Grand  Master, 

The  Right  Worshipful  Dep.  G.  Master, 

The  Right  Worshipful  Sen.  G.  Warden, 

do,  by  these  i)resents,  appoint,  authorize,  and  empower  our  worthy 


APPENDIX.         ,  289 

brother to  be  the  Master  ;  our  worthy  brother to 

be  the  Senior  Warden  ;  and  our  worthy  brother    to  be  the 

Junior  Warden,  of  a  Lodge  of  Free  and  Accepted  Masons,  to  be, 

by  virtue  hereof,  constituted,  formed,  and  held  in  

which  Lodge  shall  be  distinguished  by  the  name  or  style  of 

and  the  said  Master  and  Wardens,  and  their  successors  in  office, 
are  hereby  respectively  authorized  and  directed,  by  and  with  the 
consent  and  assistance  of  a  majority  of  the  members  of  the  said 
Lodge,  duly  to  be  summoned  and  present  upon  such  occasions,  to 
elect  and  install  the  officers  of  the  said  Lodge  as  vacancies  happen, 
in  manner  and  form  as  is,  or  may  be,  prescribed  by  the  Constitu- 
tion of  this  Grand  Lodge. 

And  further,  the  said  Lodge  is  hereby  invested  with  full  power 
and  authority  to  assemble  upon  proper  and  lawful  occasions,  to 
make  Masons,  and  to  admit  members,  as  also  to  do  and  perform 
all  and  every  such  acts  and  things  appertaining  to  the  Craft  as 
have  been  and  ought  to  be  done,  for  the  honor  and  advantage 
thereof,  conforming  in  all  their  proceedings  to  the  Constitution  of 
this  Grand  Lodge,  otherwise  this  Warrant,  and  the  powers  thereby 
granted,  to  cease  and  be  of  no  further  effect. 

Given  under  our  hands  and  the  seal  of  our  Grand  Lodge,  at 

the  city  of ,  in  the  United  States  of  America,  this.  . . . 

day  of ,  in  the  year  of  our  Lord  one  thousand  eight 

hundred  and ,  and  in  the  year  of  Masonry  five  thou- 
sand eight  hundred  and 


Grand  Secrdary. 
Eegistered  in  the  Book  of  the  Grand  Lodge, 
Page  .... 


FORM  OF  A  LODGE  CERTIFICATE. 

To  ALii  Feee  and  Accepted  Masons  on  the  face  op  the  olobb 

— Greeting  : 

We,  the  Master  and  Wardens  of Lodge  No.  ...  Free  and 

Accepted  Masons,  constituted  under  a  charter  from  the  M.  W. 

Grand  Lodge  of  the  State  of ,  do  certify  that  our  worthy 

brother has  been  regularly  initiated  as  an  Entered  Appren- 

13 


290  APPENDK. 

tice,  passed  to  the  degree  of  Fellow  Craft,  and  raised  to  the  sub- 
lime degree  of  Master  Mason,  and  is  distinguished  for  his  zeal  and 
fidelity  to  the  Craft  "We  do  therefore  recommend  that  he  be  re- 
ceived and  acknowledged  as  such  by  all  true  and  accepted  Freema- 
sons wheresoever  dispersed. 

In  testimony  whereof  we  have  granted  him  this  certificate  under 
our  hands  and  the  seal  of  the  Lodge  (having  first  caused  our  wor- 
thy brother  to  sign  his  name  in  the  margin),  this day  of 

A.D.  18..,  A.  L.  58.. 

W.  M.  S.  W. 

Sec'y.  J.  W. 

This  is  to  certify  that Lodge  No.  . .  is  a  legally  consti- 
tuted Lodge,  working  under  the  jurisdiction  of  the  M.  W.  Grand 
Lodge  of 


586. 


Grand  Sec'y. 


TOim  OF  A  GHAND  LODGE  DIPLOMA. 

TFe,  the  Grand  Lodge  of  the  Slate  of  New  York,  by  these  presents 
testify  and  declare  to  all  whom  it  may  concern,  that  our  brother 
,  who  has  signed  his  name  in  the  margin  hereof,  is  a  reg- 
ular Master  Mason  of Lodge  No.  . . ,  as  appeals  to  us  by  the 

certificate  of  the  said  Lodge  held  under  our  jurisdiction  in  the 

county  of State  of  New  York,  in  the  United  States 

of  America.  Li  testimony  whereof  we  have  caused  our  seal  to  be 
hereunto  affixed,  and  our  Grand  Secretary  to  subscribe  the  same, 
at  the  city  of  New  York,  this  . .  day  of A.  D.  18. .  A.  L.  58. . 


Grand  Secretary. 


i  FORM  OF  A  DIMIT. 

FKEE  AND  ACCEPTED  MASONS. 

Lodge  No 

Acknowledging  the  jurisdiction  of  the  Grand  Lodge  of  the  State 
of ,  to  all  whom  it  may  concern,  greeting  :  This  certifies 


APPENDIX.  291 

that  brother ,  whose  name  appears  in  the  margin  of  this 

dimit,  is  a  Master  Mason,  and  was  a  member  of  this  Lodge  in  good 
standing  and  clear  of  the  books,  and  as  such  we  do  cordially  com- 
mend him  to  the  fraternal  guard  of  all  true  Free  and  Accepted  Ma- 
sons, wherever  dispersed  around  the  globe. 

In  testimony  whereof  we  have  caused  this  dimit  to  be  signed  by 
the  Master,  and  the  seal  of  the  Lodge  to  be  attached,  this  ....  day 
of A.  D.  18..,  A.  L.  58.. 

Secretary.  Master. 


FORM  OF  TEIALS  AND  APPEALS. 

The  first  step  to  be  taken  toward  a  Masonic  trial  is,  of  course,  to 
prefer  charges,  or  make  a  complaint.  The  important  requisites  of 
a  complaint  are,  that  it  should  be  brief,  and  yet  comprehensive, 
clearly  defining  the  nature  of  the  offense  charged,  with  an  accurate 
specifying  of  the  time,  place  and  circumstances  of  its  commission. 
This,  when  the  transaction  took  place  out  of  the  Lodge,  may  be 
preferred  by  any  brother,  but  should  properly  be  presented  by  the 
Junior  Warden.     It  may  be  in  this  form  : 

1. — Complaint. 

To  the  W.  Master,  Wardens  and  Brethren  of  Triluminar  Lodge, 
No.  800  :  Brother  A.  B.  is  hereby  charged  with  immoral  and  unma- 
sonic  conduct : 

First  Specification. — That  the  said  A.  B.,  on  the  first  day  of  April 

1859,  in  the  public  street,  at  Freetown,  in  the  county  of ,  was 

in  a  state  of  intoxication  from  the  use  of  strong  and  spmtuous  liq- 
ors,  in  violation  of  his  duty  as  a  Mason,  and  to  the  scandal  and 
disgrace  of  the  Masonic  Fraternity. 

Second  Specifioation. — That  the  said  A.  B.,  on  the  first  day  ot 
April,  1859,  at  Freetown  aforesaid,  and  at  various  other  times  and 
places,  in  the  year  1859,  was  intoxicated  with  strong  and  spiritu- 
ous liquors,  although  admonished  therefor  by  the  Master  and  War- 
dens of  this  Lodge,  in  violation  of  his  duty  as  a  Mason,  to  the  great 
scandal  and  disgrace  of  the  Fraternity  ;  and  it  is  hereby  demand* 
ed,  that  the  said  A.  B.  be  dealt  with  therefor,  according  to  Ma- 
sonic law  and  usage. 

S.  L.,  Junior  Waulen. 

Dated  April  9,  1859. 


292  APPENDIX. 


S.— Complaint   (in  another  form.)  * 

To  the  W.  Master,  Wardens  and  Brethren  of  Trilaminar  Lodge, 
No.  800  :  Brother  C.  D.  is  hereby  charged  with  immoral  and  unmO' 
sonic  conduct : 

First  Specification. — That  the  said  C.  D.,  on  the  first  day  of  April, 

1859,  at  Freetown,  in  the  county  of ,  in  the  presence  and 

hearing  of  Bro.  E.  F.,  and  others,  spoke  and  declared  of  Bro.  G. 
H.,  of  Anchor  Lodge,  No.  801,  these  words  in  substance  :  that  the 
said  G.  H.  was  a  dishonest  man  ;  that  he  was  a  knave  and  a  cheat ; 
and  that  he  was  a  liar,  to  the  great  injury  of  the  said  G.  H.,  and 
to  the  common  scandal  and  disgrace  of  the  Masonic  Fraternity. 

Second  Specification. — That  the  said  C.  D.,  on  the  first  day  of 
April,  1859,  at  Freetown  aforesaid,  in  the  presence  and  hearing  of 
Mr.  Y.  Z.,  and  others,  publicly  spoke  and  declared  of  the  said  G. 
H.,  who  was  not  present,  that  he,  the  said  G.  H.,  was  a  dishonest 
man,  a  knave,  a  cheat  and  a  liar,  in  violation  of  the  duties  of  the 
said  C.  D.  as  a  Master  Mason,  to  the  great  injury  of  the  said  G. 
H.,  and  to  the  common  scandal  and  disgrace  of  the  said  Anchor 
Lodge,  No.  801,  and  of  the  Masonic  Fraternity  ;  and  it  is  therefore 
hereby  demanded,  that  the  said  C.  D.  be  put  upon  trial  therefor. 

S.  L.,  Junior  Warden. 
Dated  April  9,  1859. 

These  forms  might  be  indefinitely  multiplied,  but  these  will  be 
sufficient  to  show  the  manner  and  importance  of  specifying  tame, 
place  and  circumstances  constituting  the  oflfense. 

This  charge  (and  that  contained  in  the  first  form  will  hereafter 
be  followed)  having  been  presented  in  open  Lodge,  and  received, 
the  Master  thereupon  appoints  commissioners  to  hear  and  try  the 
same,  pursuant  to  the  provisions  of  the  constitution,  which  is  en- 
tered upon  the  minutes.  The  charges  need  not  be  entered,  but 
the  nature  of  them  should  be.  It  is  then  the  duty  of  the  Secretary 
immediately  to  serve  upon  the  accused  a  copy  of  the  charges,  with 
the  following  notice  annexed  : 

3.— Notice   of  Clkar^^es. 

Bro.  A.  B.  :  Take  notice,  that  the  within  (or  foregoing)  is  a  copy 
of  the  charges  preferred  against  you,  at  a  stated  communication  of 
Triluminar  Lodge,  No.  800,  held  on  the  9th  of  April,  iust,  and 


APPENDIX.  293 

that  Bros.  E.  S. ,  T.  U.  and  V.  K  were  appointed  commissioners 
to  hear  and  try  the  same. 

P.  Q.,  Secretary. 
Dated,  April  10,  1859. 

Should  the  commissioners  determine,  at  the  time  the  charges 
are  preferred  (and  it  is  recommended  that  they  should  in  all  cases, 
if  possible),  when  and  where  they  will  meet  for  trial,  the  Secretary 
may  add  to  the  above  notice  the  following  :  "  and  that  they  will 
meet  for  that  purpose  on  the  20th  instant,  at  7o'clock  p.  m.,  at 
Triluminar  Lodge  room,  at  Freetown,  at  or  before  which  time 
you  are  required  to  answer  said  charges." 

In  case  the  accused  absent  himself,  so  that  the  charges  cannot 
be  personally  served,  the  copy  may  be  transmitted  by  mail,  if  his 
residence  be  known  ;  if  not,  after  a  reasonable  time,  and  after  dil- 
igent inquiry,  the  Secretary  should  report  the  fact  to  the  Lodge 
for  their  further  action,  hi  all  cases  the  prosecutor  or  Secretary 
should  take  care  that  the  accused  be  served  with  notice  of  the  time 
and  place  of  meeting  of  the  commissioners  for  trial,  at  the  time  of 
service  of  the  charges. 

The  charges  being  served,  it  is  the  first  duty  of  the  accused,  if 
he  has  an  objection  to  any  of  the  commissioners,  to  make  his  chal- 
lenge, that  the  master,  if  satisfied  that  there  is  ground  for  it, 
may  supply  the  vacant  place  by  another  appointment.  If  there 
be  doubts  as  to  its  foundation,  the  master,  or  other  commission- 
ers, may  act  as  triers  ;  but  it  is  recommended  that  if  there  be  rea- 
sonable objection,  or  probable  cause  therefor  be  manifest,  that  the 
commissioner  challenged  remove  all  question  by  resignation. 

The  tribunal  being  properly  constituted,  it  is  next  the  duty  of 
the  accused  to  answer  the  charges.  As  this  must  be  in  every 
case  equivalent  to  the  well-known  plea  of  "Not  Guilty,"  it  is 
scarcely  necessary  to  furnish  a  form,  yet,  for  the  sake  of  making 
up  a  complete  record,  in  cases  of  appeal,  one  is  subjoined  : 

4. — Ans-wcr. 

C.  D.,  in  person,  denies  the  charges  made  against  him,  and  ev- 
ery matter  and  thing  contained  in  the  several  specifications  of 
the  same,  and  demands  trial  thereon. 

Of  course  this  answer  will  vary  according  to  the  facts  of  each 
cas6.      One  specification  may  be  admitted  and  another  denied. 


294  APPENDIX. 

The  charge  and  specifications  may  be  admitted,  and  matters  set 
up  in  extenuation  or  excuse.  Assuming  the  answer  to  be  a  denial 
the  issued  is  formed,  and  the  parties  proceed  to  trial.  To  procure 
the  attendance  of  witnesses  on  either  side,  some  process  may  be 
necessary.  If  the  witness  be  not  a  Mason,  his  attendance  must, 
of  course,  be  voluntary  ;  but  a  Mason  is  bound  to  obey  a  sum- 
mons. This  may  be  issued  by  any  master  of  a  Lodge  (Constitu- 
tion §  56),  and  in  the  following  form  : 

5.— Summons   for  'Witnesa. 

To  Bro.  I.  J.  :  You  are  hereby  summoned  and  required  to  at- 
tend as  a  witness  before  the  commissioners  appointed  for  the  trial 
of  A.  B.,  on  certain  charges  preferred  against  him,  on  the  20th 
day  of  April,  instant,  at  7  o'clock  p.  m.  ,  at  the  Lodge  room  of  Tri- 
luminar  Lodge,  No.  800,  in  Freetown,  and  there  to  testify  the 
tnith,  according  to  your  knowledge. 

K.  L.,  Master. 

Dated,  AprQ  16,  1859. 

This  may  be  made  to  answer  for  several  witnesses,  by  inserting 
their  names  and  adding  the  words  "and  each  of  you"  after  the 
word  "you."  The  brother  disobeying  such  a  summons  may  be 
proceeded  against  as  in  case  of  disobedience  to  any  other  sum- 
mons. For  this  purpose  the  person  serving  it  should  note  upon 
it  when  and  how  it  is  served. 

The  commissioners,  having  met  for  trial,  should  organize  ;  that 
is  to  say,  one  of  their  number  (and  usually  the  first  named)  should 
preside,  though  they  may  choose  another  for  that  purpose  ;  and 
another  of  them  should  be  chosen  to  act  as  their  clerk,  and  keep 
the  minutes  of  their  proceedings.  A  copy  of  the  resolution  under 
which  they  were  appointed,  together  with  their  appointment, 
should  be  furnished  them  by  the  Secretary.  They  should  keep 
minutes  of  their  proceedings,  which  may  be  in  this  form  : 

6. — Minutes   of  Commissioners. 

The  commissioners  appointed  for  the  trial  of  A.  B.,  on  the 
charges  a  copy  of  which  is  hereto  annexed  (marked  A)  pursuant  to 
the  following  resolution  (copy  resolution),  assembled  at  the  Lodge 
room  of  Triluminar  Lodge,  JNo.  800,  on  Wednesday  evening,  the 
20th  of  April,  1859  : 


APPENDIX.  295 

Present :  K.  S.,  T.  U.  and  V.  K,  commissioners.  E.  S.  offici- 
ated as  chairman,  and  V.  N.  was  chosen  clerk. 

A.  B.  appeared  before  them  and  objected  to  T.  U.,  one  of  the 
commissioners,  on  the  ground  that  he  was  present  at  the  meeting 
of  the  Lodge  when  the  charges  were  preferred,  and  voted  for  their 
reference. 

Bro.  T.  U.  stated  that  he  had  formed  no  opinion  on  the  subject, 
and  the  other  commissioners  decided  that  he  was  competent  to  act 
as  commissioner,  to  which  Bro.  B.  took  an  exception. 

The  charges  were  then  read  by  Bro.  S.  L.,  Junior  Warden,  to- 
gether with  the  answer  of  Bro.  A.  B. 

Bro.  B.  requested  that  P.  S. ,  Esq. ,  an  attorney  and  not  a  Ma- 
son, should  examine  the  witnesses  on  his  behalf  and  assist  him  in 
his  defense.  The  commissioners  decided  against  the  request,  but 
further  decided  that  he  might  employ  the  services  of  any  brother 
to  assist  him  in  defense  ;  to  which  Bro.  B.  took  an  exception.  He 
then  employed  Bro.  N.  O.  to  assist  him  as  counsel.  Bro.  0.  ob- 
jected to  the  form  of  the  charges  as  being  vague  and  uncertain, 
but  the  commissioners  decided  them  to  be  sufficient ;  to  which 
Bro.  0.  took  an  exception. 

Bro.  E.  F.  was  then  introduced  as  a  witness  by  the  Junior  War- 
den, and  testified  as  a  Master  Mason  as  follows  :  I  am  acquainted 
with  Bro.  A.  B.  ;  I  saw  him  on  Main  street,  in  Freetown,  on  the 
first  day  of  April  last  ;  I  was  on  the  opposite  side  of  the  street  ;  he 
appeared  to  be  much  intoxicated  (objection  was  made  to  the  ap- 
pearance of  accused,  but  it  was  overruled  and  an  exception  taken)  • 
he  was  there  for  about  half  an  hour  ;  he  reeled  as  he  walked,  &c. 

On  cross-examination  Bro.  E.  F.  further  testified  :  I  know  that 
Bro.  B.  had  been  sick,  &c. 

The  commissioners  then  adjourned  to  meet  at  the  same  place 
on  Thursday  evening,  the  21st  April  1859,  at  7  o'clock  p.  m. 

Thursday  evening,  April  21,  1859. 

The  commissioners  met  pursuant  to  adjournment  :  present  all 
the  commissioners  and  also  Bro.  L.  the  Junior  Warden  and  Bro. 
A.  B.  and  his  counsel  Bro.  O. 

Bro.  U..  officiated  as  chairman. 

Mr.  H.  C.  was  then  introduced  as  a  witness  by  the  Junior  War- 
den, and  stated  as  follows  : 

I  was  in  Freetown  on  the  first  day  of  April  instant,  &c 


296  APPENDIX. 

The  proofs  on  the  part  of  the  complainant  here  rested. 

Bro.  O.,  on  behalf  of  Bro.  A.  B.,  then  produced  the  sworn  affi- 
davit of  Mr.  J.  B.,  to  which  the  Junior  Warden  objected,  on  tho 
ground  that  Mr.  B.  should  be  produced  for  cross-examination. 

The  commissioners  sustained  the  objection  on  that  ground,  and 
Bro.  O.  took  an  exception. 

Mr.  B.  was  then  produced,  and  the  Junior  Warden  then  con. 
seuted  that  his  affidavit  might  be  read,  which  was  read  according- 
ly, and  is  hereto  annexted  (marked  B). 

The  Junior  Warden  then  cross-examined  Mr.  B.,  who  stated  as 
follows,  &c. 

The  proofs  being  closed,  after  hearing  both  parties,  the  commis- 
sioners decided  to  meet  again  on  the  23d  day  of  April  instant,  to 
determine  on  their  report. 

Saturday,  April  23,  1859. 
The  commissioners  ag«dn  met  by  themselves,  and  after  consulta- 
tion decided  upon  their  report,  a  copy  of  which  is  hereto  annexed 
(marked  C),  and  notified  the  parties  thereof. 

Signed  by  the  Commissioners. 

These  minutes  have  been  given  in  this  extended  form  because 
they  present  a  convenient  way  of  stating  certain  facts  and  proceed- 
ings on  trial.  Thus,  the  statement  of  formal  objections  and  the 
grounds  of  them,  together  with  the  decision  thereon  of  the  com- 
missioners (which  should  always  be  stated),  are  here  set  forth  ; 
also,  that  the  Junior  Warden  acted  as  prosecutor  ;  that  the  em- 
plojTnent  of  an  attorney  not  being  a  Mason  was  not  permitted,  but 
that  the  accused  was  permitted  to  have  counsel  ;  that  the  first  wit- 
ness testified  in  his  character  as  a  Master  Mason,  and  that  the 
second  witness,  not  being  a  Mason,  made  his  statement  merely,  no 
oath  being  administered  to  either  ;  that  the  testimony  is  taken 
down  in  the  words  of  the  witness,  and  of  course  in  the  first  per- 
son as  he  spoke  ;  that  the  precise  point  objected  to  is  stated  ; 
that  the  time  and  place  of  each  adjournment  are  noted  ;  that  a 
sworn  affidavit  was  not  admitted  because  no  opportunity  was  given 
for  cross-examination  ;  and,  finally,  that  the  commissioners  met 
alone  and  decided  upon  their  report,  and  then  gave  notice  to  the 
parties  ;  all  of  which  may  furnish  useful  hints  to  those  engaged 
in  such  trials,  without  further  comment ;  it  being  presumed  that 


APPENDIX.  297 

the  usual  forms  of  such  proceedings  and  the  ordinary  rules  of  evi- 
dence are  understood  and  will  be  observed.  It  is  at  the  option  of 
the  commissioners  whether  they  will  admit  any  one  to  be  present 
but  the  parties  and  the  witnesses  testifying,  but  on  all  such  oc- 
casions none  but  Masons  should  be  admitted,  except  the  witness 
not  a  Mason,  and  while  testifying. 

As  the  form  of  the  notice  given  to  the  parties  by  the  cdmmis- 
sioners  (Constitution,  §  57)  may  be  desired,  it  is  here  given,  and 
may  be  as  follows. 

7.— Notice  of  Decision. 

To  Bro.  S.,  Junior  Warden,  and  Bro.  A.  B.  . 

You  will  each  take  notice  that  we  have  agreed  upon  and  signed 
our  report  in  the  matter  of  charges  against  Bro.  A.  B. ,  referred  to 
us,  by  which  we  have  found  the  charges  sustained,  and  Brother  B. 
guilty  thereof,  and  that  the  expenses  of  the  proceedings  be  paid 
by  him  ;  and  that  we  shall  present  the  report  to  Triluminar  Lodge 
at  its  stated  communication,  on  the  30th  April  instant. 

(Signed  by  the  Commissioners. ) 

Dated  April  23d,  1859. 

The  trial  being  concluded  and  the  report  thus  agreed  upon,  the 
commissioners  will  have  it  drawn  up  in  form  for  the  action  of  the 
Lodge.  This  report  need  not,  in  the  first  place,  contain  anything 
but  the  facts  found  and  the  conclusions  arrived  at  thereon  by  the 
commissioners.  These  conclusions,  like  those  of  any  other  com- 
mittee, should  be  in  the  form  of  resolutions,  for  the  definite  action 
of  the  Lodge.  Should  the  Lodge,  on  the  report  coming  in,  desire 
to  hear  the  testimony  read  or  any  of  the  decisions  stated,  it  will  be 
the  duty  of  the  commissioners  to  compl3^ 

The  report  may  be  in  the  following  form  : 

8. — Report  of  Commissioners. 

To  the  W.  Master,  Wardens  and  Brethren  of  Triluminar  Lodge, 
No.  800. 

The  commissioners  appointed  for  the  trial  of  Bro.  A.  B.,  on 
charges  of  intoxication  heretofore  preferred  in  this  Lodge,  respect- 
fully report  : 

That  they  met  at  the  Lodge  room  of  this  Lodge  on  Wednesday 
evening,  the  20th  of  April  last  past,  and  proceeded  to  hear  and  try 
the  matters  referred  to  them. 


298  APPENDIX. 

ITiat  objections  were  presented  to  Bro.  U.,  one  of  their  number, 
which  they  overruled,  and  also  refused  to  permit  Bro.  B.  to  ap- 
pear by  counsel,  not  being  a  Mason,  and  thereupon  Bro.  N.  O. 
appeared  for  him.  That  objections  were  made  to  the  charges, 
which  were  oveiTuled. 

That  they  proceeded  to  take  testimony  (in  the  course  of  which 
they  decided  not  to  admit  a  sworn  afl&davit),  and  Bro  E.  F.  and 
Mr,  H.  C.  and  Mr.  J.  B.  were  examined  as  witnesses. 

That  they  held  three  meetings,  the  last  of  which  was  for  the 
purpose  of  agreeing  upon  and  preparing  their  report 

That  from  the  testimony  before  them  they  find  the  following 
facts  : 

1.  That  Bro.  A.  B.  was  intoxicated  with  strong  and  spirituous 
liquors,  in  a  public  place,  at  Freetown,  on  the  first  day  of  April, 
1859. 

2.  That  Bro.  A.  B.  has  been  at  least  twice  intoxicated  in  a  pub- 
lic place,  in  Freetown  aforesaid,  within  two  weeks  previous  to  the 
said  first  day  of  April,  1859. 

They  therefore  recommend  the  adoption  of  the  following  resolu- 
tions : 

Besolved,  That  the  charges  of  intoxication  against  Bro.  A.  B., 
made  and  presented  to  this  Lodge  on  the  9th  day  of  April,  1859, 
are  sustained,  and  that  he  is  guilty  of  the  said  charges. 

Besolved,  That  Bro.  A.  B.  be  and  he  is  hereby  suspended  from 
this  Lodge,  and  from  the  rights  and  pri\'ileges  of  Masonry,  for  the 
space  of  three  months  from  this  date. 

The  charges  and  expenses  of  the  commissioners  amount  to  the 
sum  of  three  dollars,  which  they  adjudge  that  Bro.  A.  B.  should 
pay,  of  all  which  they  have  notified  the  Jimior  Warden  and  Bro. 
A.  B.     All  of  which  is  respectfully  submitted, 


K.  S.  ) 
T.  U.  [ 
V.  W.   ) 


Commissioners. 
Dated,  April  23,  1859. 

If  the  resolutions  be  adopted,  the  Secretary  of  the  Lodge  should 
transcribe  them  on  his  minutes,  together  with  the  adjudication  as 
to  charges  and  expenses.  The  resolutions,  however,  are  subject  to 
the  action  of  the  Lodge,  who  may  reverse  the  decision  of  the  com- 
missioners, or,  if  sustained,  may  amend  the  resolution  as  to  the 
penalty  by  increasing  or  diminishing  it  ;  the  decision  of  the  com- 


APPENDIX.  299 

missioners,  however,  as  to  expenses  is  final  (Cons.  §  61.)  Should 
the  resolutions  be  adopted  (and  for  this  purpose  a  majority  vote  is 
sufficient,  unless  the  by-lavrs  provide  differently, )  and  the  accused 
be  absent  from  the  Lodge,  it  is  the  duty  of  the  Secretary  to  furnish 
him  immediately  with  a  copy  of  the  resolutions  and  of  the  award 
as  to  expenses,  with  a  notice,  which  may  be  in  this  form  : 

9.— Notice    of  Judgiuent. 

To  Bro.  A.  B.  : 

Take  notice,  that  the  foregoing  is  a  copy  of  resolutions 
adopted  by  Triluminar  Lodge,  No.  800,  at  their  communication 
held  at  their  Lodge  room  in  Freetown,  on  the  30th  day  of  April 
instant,  together  with  a  copy  of  the  award  made  by  the  commis- 
Bioners  as  to  expenses. 

P.  0.    Secretary. 
Dated,  April  30th,  1859. 

Thus  have  been  presented  the  ordinary  proceedings  from  com- 
plaint to  judgment  on  a  Masonic  trial  on  charges  preferred  in  a 
Lodge.  Some  of  them  may  be  found  practically  unnecessary,  but 
the  complaint,  minutes  and  report  are  deemed  important,  and 
should  be  substantially  followed  in  every  case.  Other  proceedings, 
under  the  title  of  the  Constitution,  entitled  "Of  Trial  and  Its  In- 
cidents," may  be  adapted  to  them,  varying  the  allegations  to  suit 
the  case,  and  bearing  in  mind  that  in  all  the  cases  mentioned  in 
section  54  the  decision  of  the  commissioners  is  final,  unless  an  ap- 
peal be  taken  from  it.  (§  58. )  In  these  cases  the  report  will  be 
made  to  the  Grand  Lodge,  and  the  minutes,  with  the  report  an- 
nexed, filed  in  the  office  of  the  Grand  Secretary,  and  notice  given 
to  the  parties  by  the  commissioners.  Their  report,  in  such  cases, 
need  not  conclude  with  resolutions,  but  with  an  award  of  judg- 
ment in  the  nature  of  both  a  verdict  and  sentence.  It  may  be  in 
this  form,  in  place  of  the  recommendation  of  resolutions  : 

10. — Report   of   Commisgioners    (another   form). 
The  said  commissioners  do  therefore  adjudge  and  determine  as 
follows  : 

1.  That  the  charges  of  intoxication  against  Bro.  A.  B.,  of  Trilu- 
minar Lodge,  No.  800,  preferred  by  Bro.  C.  D.,  of  Anchor  Tiodge, 
No.  801,  on  the  9th  day  of  April,  1859,  are  sustained,  and  that  he 
is  guilty  of  the  said  charges. 


300  APPENDIX. 

2.  That  the  said  Bro.  A.  B.  be  and  he  is  hereby  suspended  from 
said  Triluniinar  Lodge,  and  from  the  rights  and  privileges  of  Ma- 
sonry, for  the  space  of  three  months  from  this  date. 

3.  That  the  said  A.  B.  be  adjudged  to  pay  the  charges  and  ex- 
penses of  the  proceedings  on  this  trial. 

The  charges  and  expenses,  Ac.,  (as  in  the  preceding  report,  ex- 
cept as  to  parties  notified,  and  add)  and  our  report  has  been  duly 
filed  with  the  R.  W.  Grand  Secretary  (dated  and  signed  by  the 
commissioners). 

The  following  may  be  the  form  of  their  notice  : 

11. — Notice  of  Judgment  by  Commissioners. 

To and : 

Take  notice  that  we  have  this  day  made  and  signed  our 
report  to  the  Grand  Lodge,  by  which  we  have  adjudged  and  deter- 
mined that  Bro.  A.  B.  is  guilty  of  the  charges  preferred  against 
him,  and  that  he  is  susi)ended  from  Triluminar  Lodge,  No.  800, 
and  from  the  rights  and  privileges  of  Masonry,  for  the  space  of 
three  months,  and  that  he  do  pay  the  costs  and  expenses  of  the 
proceedings  before  us,  amounting  to  the  sum  of  three  dollars. 

Signed  by  the  Commissioners. 
Dated,  April  23,  1859. 

The  subject  of  Appeals  next  claims  our  attention,  and  we  shall 
still  follow  the  form  of  proceedings  after  trial  on  charges  preferred 
in  a  Lodge  against  a  member. 

The  time  limited  in  every  case  for  bringing  an  appeal  is  six 
months  (§  58)  ;  but  where  a  party  is  intending  to  appeal  it  is  ad- 
visable that  he  give  notice  of  it  immediately,  which  may  be  in  the 
following  form  : 

13. — Notice  of  Appeal. 
To  P.  Q.,  Secretary  of  Triluminar  Lodge,  No.  800  : 

Take  notice,  that  I  shall  bring  an  appeal  from  the  action 
of  said  Lodge  on  the  30th  day  of  April,  1859,  in  passing  sentence 
of  suspension  on  me  for  three  months,  to  the  M.  "W.  Grand  Lodge 
of  the  State  of  New  York  (or  the  M.  W.  Grand  Master,  R.  W.  Dep- 
uty Grand  Master,  or  R.  W.  District  Deputy  Grand  Master  of  this 
district,  as  he  may  choose,)  on  the  groimds  to  be  stated  in  my  ap- 
peal. 

Dated,  May  4,  1859.  A.  B. 


APPENDIX.  301 

On  receiving  this  notice,  the  Secretary  of  the  Lodge — or,  in  all 
cases  not  under  section  60,  the  commissioners — will  transmit  to 
the  Grand  Lodge,  or  Grand  officer,  as  the  case  may  be,  a  copy  of 
the  minntes  of  proceedings  embracing  the  evidence,  with  a  copy  of 
the  report,  to  the  Lodge— marked  C  and  numbered  8— annexed, 
all  duly  |ittested  and  certified  ;  and  by  carefully  observing  these 
directions  it  may  always  be  done  promptly.  This,  if  filed  with  the 
Grand  Secretary,  may  be  furnished  to  the  Grand  Lodge,  or  its 
Committee  on  Appeals,  or  to  the  Grand  officer  appealed  to,  when 
desired.  When  the  appeal  is  to  a  Grand  officer,  the  report  may  be 
transmitted  to  him  directly,  to  be  by  him  afterwards  filed  with  the 
Grand  Secretary.  The  appellant  should  next  prepare  his  appeal, 
which  may  be  in  this  form  : 

13. — Appeal. 

To  the  M.  W.  Grand  Lodge  of  the  State  of  New  York  (or  M.  W. 

Grand  Master)  : 

The  undersigned  hereby  appeals  to  you  from  the  decision 
of  Triluminar  Lodge,  No.  800,  made  April  30,  1859,  in  passing 
sentence  of  suspension  on  him  for  three  months,  and  he  specifies 
the  following  as  the  ground  of  his  appeal : 

1.  That  F.  U.,  one  of  the  commissioners  on  his  trial,  was  incom- 
petent to  act,  having  been  present  at  the  meeting  of  said  Lodge 
when  the  charges  were  preferred,  and  voted  for  their  reference. 

2.  That  the  commissioners  erred  in  deciding  that  P.  S. ,  Esq. , 
should  not  be  allowed  to  assist  the  undersigned  in  his  defense. 

3.  That  the  second  specification  of  the  charges  is  vague  and  un- 
certain. 

4.  That  the  commissioners  erred  in  receiving  testimony  as  to  ap- 
pearances of  intoxication. 

5.  That  they  erred  in  rejecting  the  sworn  affidavit  of  J.  R. 

6.  That  the  proofs  in  the  case  were  not  sufficient  to  warrant  the 
finding  of  the  commissioners. 

7.  That  the  Lodge  erred  in  passing  the  resolution  of  suspension 
by  a  majority  vote. 

All  of  which  appears  by  the  papers,  proceedings  and  evidence  in 
the  case. 
Dated,  May  11,  1859.  A.  B. 

A  copy  of  this  appeal  should  be  served  on  the  Secretary  of  the 


302  APPENDED. 

Lodge  ;  and  it  is  best,  also,  to  serve  a  copy  on  the  appellate  tribu- 
nal or  officer.  Within  ten  days  (this  is  suggested  as  an  admirable 
time,  there  being  no  regulation  on  the  subject,)  an  answer  should 
be  made  to  the  appeal  by  the  Lodge.  As  in  most  cases  this  is 
merely  taking  issue,  the  form  of  an  answer  on  appeal  may  be  un- 
necessary ;  yet  one  is  subjoined,  as  follows  :  ^ 

14.— AnsMrer   to  Appeal. 

Triluminar  Lodge,  No.  800,  answers  the  appeal  of  A.  B.  and 
says  : 

That  the  said  Lodge  denies  that  there  is  any  error  in  the  pro- 
ceedings of  said  Lodge,  or  of  the  commissioners  appointed  for  the 
trial  of  the  said  A.  B. ,  and  further  says  that  the  decision  of  said 
Lodge  in  said  case  is  sustained  both  by  the  law  and  evidence 
therein  applicable  thereto. 

Dated,  May  21,  1859.  S.  L.,  Junior  Warden. 

This  is  very  general,  and  if  a  specific  denial  is  deemed  necessary 
— taking  issue  upon  each  of  the  grounds  of  appeal  and  assigning 
reasons  therefor — it  may  be  made  after  the  foregoing  form  in  com- 
mencement, and  adding  thereto  as  follows  : 

Because  the  said  Lodge  says  as  to  the  first  ground  of  appeal,  Ac 

And  because  the  said  Lodge  says  aJs  to  the  second  ground  of  ap- 
peal, &c. 

The  case  being  thus  fairly  brought  up  on  appeal,  the  Grand 
Lodge  or  Grand  officer  may  hear  the  same,  either  by  oral  argu- 
ment, or  the  appeal  and  answer  thereto  may  be  made  sufficiently 
full  to  call  attention  to  all  the  points  in  the  case  and  the  reasons 
therefor.  If  the  Secretary  of  the  Lodge  shall  have  omitted  a  tran- 
script of  the  proceedings  of  the  Lodge,  and  the  same  be  required 
to  make  the  case  perfectly  understood,  the  Grand  Master,  Deputy 
Grand  Iilaster,  or  District  Deputy  Grand  Master  may  make  an  or- 
der in  this  form  : 

15.— Order   on   Appeal. 

Office  of  the  Gkand  Master  of  JklisoNs,  | 
May  28,  18..  j" 

To  the  W.   Master,  Warden  and  Brethren  of  Triluminar  Lodg«, 

No.  800  : 

Bro.  A.  B.  having  duly  appealed  from  the  decision  of  j'^our 
Lodge  made  on  the  30th  April,  1859,  suspending  him  for  three 


APPENDIX.  303 

months,  yon  are  hereby  required  to  transmit,  by  the  hand  of  your 
Secretary  and  seal  of  your  Lodge,  a  transcript  of  all  the  proceed- 
ings of  your  Lodge,  in  the  case  of  the  said  A.  B. ,  from  the  time  of 
the  presentation  of  the  charges  against  him  until  the  final  action  of 
your  Lodge  thereon,  with  the  several  dates  thereof,  together  with 
all  papers  and  documents  relating  thereto  not  heretofore  returned, 

within days  from  the  receipt  of  this  order  by  you. 

Given  under  my  hand  and  private  seal  on  the  day 
and  year  first  above  written. 

,  Grand  Master. 

After  argument  the  appellate  tribunal  will,  with  all  convenient 
dispatch,  pronounce  the  decision.  If  made  by  a  Grand  officer,  it 
should  be  filed,  together  with  the  appeal  papers,  in  the  office  of  the 
Grand  Secretary,  and  may  be  in  this  form  : 

16. — Decision    on   Appeal. 

Office  of  the  Geand  Mastek  of  Masons,  &c.  ,  June  4,  1859. 


Lsr  THE  Mattes  of  the  Appeal 

of 

Brother  A.  B. 


Brother  A.  B.  having  appealed  from  the  decision  of  Triluminar 
Lodge,  No.  800,  made  on  the  30th  day  of  April,  1859,  by  which  he 
was  suspended  from  the  rights  and  privileges  of  Masonry  for  three 
months,  on  charges  of  intoxication  ;  and  having  heard  the  case,  I 
have  carefully  considered  the  facts  appearing  on  said  appeal,  and 
the  grounds  of  error  alleged  by  him.  There  does  not  seem  to  be 
any  error  or  irregularity  in  the  proceedings,  or  in  the  several  de- 
cisions of  the  commissioners  on  the  trial,  and  the  facts  of  the  case 
warrant  the  conclusions  of  the  commissioners  and  the  decision  of 
the  Lodge. 

[If  the  officers  desire  to  review  the  facts  or  comment  upon  any 
of  the  points  taken,  he  may  here  insert  his  remarks  and  reasons.  ] 

My  judgment  and  decision,  therefore,  is,  that  the  proceedings 
and  decisions  of  Triluminar  Lodge,  No.  800,  in  the  case  of  Bro.  A. 
B.,  be  and  the  same  are  hereby  affirmed. 

,  Grand  Master. 

If  the  decision  be  reversed,  the  appellate  officer  vrill  vary  the 
second  paragraph  and  give  his  reasons  for  dissenting  from  the  con- 


304  APPENDIX. 

elusions  of  the  commissioners  and  Lodge,  and  nse  the  word  **  re- 
versed" in  the  last  paragraph,  instead  of  "affirmed."  Should  he 
desire  to  make  any  special  order  in  the  case,  it  may  be  added  at 
the  end. 

When  an  appeal  is  taken  from  the  decision  of  a  Grand  officer,  on 
appeal  to  the  Grand  Lodge  the  case  will  be  heard  on  the  papers 
which  were  before  him,  and  it  will  only  need  the  folloT»ang  and 
final  form  of  an  appeal  to  bring  up  the  matter,  which  should  be 
served  on  the  Lodge  through  its  proper  officer,  a  reasonable  time 
(say  twenty  days)  before  the  annual  communication  of  the  Grand 
Lodge,  and  a  copy  transmitted  to  the  Grand  Secretary  forthwith. 

17. — Final  Appeal  to  Grand  Lodge. 

To  the  M.  W.  Grand  Master  (or  K.  W.  Deputy  Grand  Master)  and 
the  W.  Master  Wardens  and  Brethren  of  Triluminar  Lodge, 
No.  800  : 

The  undersigned,  A.  B.,  hereby  appeals  to  the  M.  W.  Grand 
Lodge  of  the  State  of  New  York,  from  the  decision  of  the  M.  W. 
Grand  Master,  made  in  and  by  his  order  of  June  4th,  1859,  in  the 
case  of  this  appellant,  affirming  the  decision  of  said  Lodge  on  the 
30th  April,  1859,  in  the  same  case,  on  the  grounds  particularly 
stated  and  set  forth  in  his  appeal  to  the  M.  W.  Grand  Master,  dated 
May  11,  1859,  and  respectfully  prays  your  consideration  thereof 
and  judgment  thereon. 
Dated,  June  6,  1859.  A.  B. 

Li  the  nature  of  the  case,  no  answer  to  this  appeal  is  required  ; . 
and  when  the  appeal  comes  before  the  Grand  Lodge  it  will  take 
the  direction  prescribed  by  its  rules  and  usages. 

From  the  foregoing  general  forms  and  directions,  sufficient  may 
be  gathered  to  apply  to  every  case  of  Masonic  discipline  and  trial, 
between  any  parties  and  whatever  may  be  the  decision.  To  have 
extended  the  forms,  or  adapted  those  given  to  every  varying 
change,  would  be  great  labor  without  adequate  benefit,  and  es- 
pecially in  the  great  variety  of  charges.  It  should  be  remarked 
that,  when  the  charges  are  based  upon  a  section  of  the  constitu- 
tion, or  of  the  Lodge  by-laws,  it  should  be  plainly  and  distinctly 
referred  to. 

Should  the  accused  admit  the  charges  when  served  upon  him, 
proof  of  such  admission  or  confession  will  be  all  that  the  commis- 


APPENDIX.  305 

sioners  are  required  to  have  made,  and  they  will  make  up  their 
minutes  and  report  accordingly,  adapting  the  foregoing  forms. 

If  the  accused  fails  to  appear  and  answer  the  charges  after  per- 
sonal service,  the  commissioners  may  proceed,  after  taking  proof 
of  such  service,  to  take  proof  of  the  charges,  and  in  such  case  the 
Master  should  appoint  some  brother  to  appear  for  him.  The  min- 
utes and  report  in  such  cases  should  be  full,  and  the  forms  given 
can  readily  be  modified  to  suit  such  a  state  of  facts. 


STANMKD  FOKM  OF  BYLAWS. 

[Intended  to  serve  as  a  guide  in  the  formation  of  by-laws  for  Subordinate 
Lodges,  and  subject  to  such  alterations,  not  inconsistent  with  the  Constitution, 
as  the  convenience  of  the  Lodges  may  dictate.] 

AKTICLE   I. 

§  1.  The  stated  meetings  of  this  Lodge  shall  be  on  the  . .  and  . . 
days  in  every  month.  The  hour  of  meeting,  from  April  1  to  Octo- 
ber 1,  shall  be.  8  o'clock,  and  7k  o'clock  the  remainder  of  the  year. 

§  2.  Special  meetings  may  be  called  by  the  Master,  upon  any 
emergency  which  he,  in  his  judgment,  may  deem  necessary  ;  but 
no  business  shall  be  transacted  by  such  special  meeting  but  that 
for  which  it  was  called. 

AKTICLE  n. 
§  3.  'JTie  members  of  this  Lodge  are  all  who  have  been  or  may 
be  initiated  in  or  affiliated  therewith,  who  have  subscribed  their 
names  to  these  by-laws,  and  who  have  not  withdrawn  or  been  ex- 
cluded for  unmasonic  conduct  or  non-payment  of  dues.  (See  sec- 
tions 24  to  27,  and  sections  85  and  88,  Constitution. ) 

AKTICLE  in. 

OrnCEKS — ^THEIR  ELECTION,    INSTAIXATION,    AND  DUTIES. 

§  4.  The  officers  of  this  Lodge  shall  be  ranked  and  entitled  as 
follows  : 

1.  The  Mastee. 

2.  The  Senior  Warden. 

3.  The  Juniob  Warden. 


306  APPENDIX. 

4.  The  Tbeasubeb. 

5.  The  Secketart. 

6.  The  Senior  Deacon. 

7.  The  Junior  Deacon. 

8.  The  Stewards,  or  Masters  of  Ceremonies. 

9.  The  Tyler. 

the  officers  shall  be  elected  at  the  stated  communication 
next  preceding  the  festival  of  St.  John  the  Evangelist,  and  be  in- 
stalled on  or  before  the  next  stated  meeting  thereafter. 

§  6.  Any  member months  in  arrears  for  dues,  shall  not  be 

entitled  to  vote  at  said  election. 

§  7.  The  duties  of  the  officers  of  this  Lodge,  in  addition  to  those 
not  proper  to  be  written,  are  as  follows  : 

the  master. 
To  preserve  the  Warrant  of  the  Lodge  with  unfailing  care,  and 
deliver  it  to  his  successor  in  office  ;  to  see  that  these  by-laws,  the 
Constitution  of  the  Grand  Lodge  of  the  State  of  New  York,  and  the 
Ancient  Constitutions  of  Freemasonry,  be  duly  understood,  re- 
spected, and  obeyed  by  the  members  ;  to  represent  the  Lodge,  in 
conjunction  with  the  Senior  and  Junior  "Wardens,  at  all  the  Grand 
communications  of  the  M.  W.  Grand  Lodge  ;  to  draw  all  orders  on 
the  Treasurer,  with  the  consent  and  approbation  of  the  Lodge  ;  to 
see  that  all  cases  of  offense  against  the  laws  of  the  Order  be  fairly 
dealt  veith,  according  to  these  by-laws,  and  the  constitutions  and 
rules  of  Masonry  ;  to  report  to  the  Lodge  his  proceedings  in  the 
Grand  Lodge,  and  to  cause  the  printed  transactions  to  be  read  for 
the  information  of  the  brethren. 

TECE  SENIOR  WARDEN. 

Li  addition  to  those  duties  which  appertain  to  every  individual 
Mason,  the  duties  of  the  Senior  Warden  are  :  to  succeed  to  and 
exercise  all  the  powers  of  the  Master  in  the  event  of  his  absence  ; 
to  represent  the  Lodge,  in  conjunction  with  the  Master  and  Junior 
Warden,  in  the  Grand  Lodge  ;  to  aid  the  Master  in  governing  the 
Craft  during  the  hours  of  labor. 

the  junior  WARDEN. 

It  is  the  duty  of  the  Junior  Warden  to  exercise  all  the  powers  of 
he  Master,  in  the  absence  of  the  two  officers  above  him  ;  to  repre- 


APPENDIX.  307 

Bent  the  Lodge,  in  conjufiction  with  the  Master  and  Senior  Warden, 
in  the  Grand  Lodge  ;  to  take  charge  of  the  Craft  during  the  hours 
of  refreshment. 

THE  TEEASUBEB 

Is  to  receive  all  moneys  from  the  hands  of  the  Secretary  ;  pay 
out  the  same  by  order  of  the  Master  and  consent  of  the  Lodge  ;  to 
submit  his  accounts,  when  required  by  the  Master  or  Lodge,  for 
examination  ;  to  deliver  to  his  successor  in  office  all  the  moneys, 
books,  vouchers,  and  other  properties  of  the  Lodge  he  may  have 
in  his  possession. 

THE   SECKETAEY. 

The  duty  of  this  officer  is  to  record  the  proceedings  of  the 
Lodge  ;  to  receive  all  moneys  due  the  Lodge  and  pay  the  same  to 
the  Treasurer  ;  to  prepare  the  usual  Returns  to  the  Grand  Lodge, 
in  proper  time  and  in  accordance  with  the  Constitution,  and  for- 
ward the  same  to  the  Grand  Secretary  ;  to  deliver  up  to  his  suc- 
cessor in  office  all  the  books,  seal,  and  other  property  of  the 
Lodge. 

THE  SENIOR  DEACON 

Is  to  take  part  in  the  active  duties  of  the  Lodge  ;  to  be  courteous 
to  and  provide  accommodations  for  visiting  brethren,  and  act  as 
the  proxy  of  the  Master. 

THE  JUNIOR  DEACON 

Has  especial  charge  of  the  door,  acts  as  the  proxy  of  the  Senior 
Warden,  and  attends  to  such  other  duties  as  are  pointed  out  to  him 
by  the  Master  or  Senior  Warden,  in  accordance  with  the  usages  of 
Masonry  and  the  by-laws  of  his  Lodge. 

THE   STEWARDS 

Are  to  assist  in  the  preparation  of  candidates,  and  to  assist  the 
Senior  Deacon  in  .the  discharge  of  his  duties. 

THE  TYLER. 

The  duties  of  the  Tyler  are  :  to  tile  the  Lodge  under  the  direct 
orders  of  the  Master  ;  to  serve  notices,  summons,  etc.,  issued  un- 
der the  authority  of  the  Master  and  the  Lodge  ;  and  for  the  faith- 
ful performance  of  these  duties  he  shall  receive dollars  per 

year  for  his  services. 


308  APPENDIX. 

OTHEB  OmCEKS. 

The  Lodge  may,  in  its  discretion,  appoint  a  Chaplain,  a  Marshal, 
and  an  Organist,  whose  duties  shall  correspond  with  their  titles. 

ARTICLE   IV. 

TRUSTEES — THEIR  ELECTION  AND  DUTIES. 

§  8.  There  shall  be  chosen  by  ballot,  at  the  annual  election, 
three  Trustees,  who  shall  hold  in  trust  for  the  Lodge  all  stocks, 
securities,  investments,  and  funds  in  deposit  or  interest,  and  shall 
have  power  to  transfer,  exchange,  or  deposit  the  same,  or  any  part 
thereof,  whenever  required  by  a  vote  of  the  Lodge  ;  deposits  to  be 
made  in  such  institution  as  may  be  directed  by  the  Lodge,  and  no 
amount  shall  be  drawn  firom  such  deposit  without  the  order  of  the 
Lodge. 

§  9.  In  case  of  a  vacancy  in  the  office  of  Trustee,  the  Lodge  may 
at  any  time  proceed  to  fill  the  same,  after  two  weeks*  notice. 

ARTICLE  V. 

MEMBERSHIP — HOW  ACQUIRED. 

§  10.  Any  person  desirous  of  being  initiated  in  this  Lodge  must 
be  proposed  in  writing  by  a  member  thereof,  at  a  stated  communi- 
cation. The  member  making  the  proposition  shall  state  therein 
the  age,  birthplace,  profession,  and  residence  of  the  person  pro- 
posed. If  the  Lodge  consents  to  receive  the  proposition,  it  shall 
be  referred  to  a  special  committee  of  three,  whose  duty  it  shall  be 
to  make  a  thorough  investigation  into  the  physical,  mental,  and 
moral  qualification  of  said  candidate,  and  make  their  report  thereof 
at  the  next  stated  meeting  thereafter,  unless  further  time  be  grant- 
ed. On  the  report  of  said  committee  being  made,  the  Lodge  shall 
proceed  to  ballot  for  the  candidate,  and,  if  no  black  ball  appear 
against  him,  he  shall  be  declared  elected  ;  but  should  one  black 
ball  appear  against  him,  he  shall  be  rejected. 

§  11.  No  person  can  receive  any  degree  in  this  Lodge,  or  become 
a  member  thereof,  who  is  not  of  mature  age,  sound  in  mind,  per- 
fect in  body  and  limbs,  possessing  a  good  character,  a  trade  or 
profession,  or  some  visible  way  of  acquiring  an  honest  and  respect- 
able livelihood,  and  publicly  acknowledging  a  belief  in  the  exist- 
ence of  a  Supreme  Being. 


APPENDIX.  309 

§  12.  Any  Mason  desii'ous  of  becoming  a  member  of  this  Lodge 
by  afl&liation,  must  produce  a  certificate  of  baring  paid  bis  dues  in 
his  former  Lodge,  and  of  bis  having  left  the  same  in  good  stand- 
ing, subject  to  the  conditions  set  forth  in  section  10. 

ARTICLE    VI. 

FEES  AND  DUES. 

§  13.  The  initiation  fee  shall  be dollars  (not  less  than  fif- 
teen.)    The  affiliation  fee      dollars. 

§  14.  The  annual  dues  shall  be dollars,  payable  quarterly. 

§  15.  Any  member  of  the  Lodge  neglecting  or  refusing  to  pay 
his  dues  for  one  year,  may  be  stricken  from  the  roll  thereof  by  a 
vote  of  the  Lodge,  at  a  stated  meeting. 

§  16.  No  person  withdrawing  from  this  Lodge  can  again  become 
a  member  without  being  proposed  and  balloted  for  anew,  subject 
to  the  provisions  of  sections  10  and  13. 

§  17.  No  member  whose  name  has  been  stricken  from  the  roll 
can  again  become  a  member  of  this  Lodge  without  paying  up  his 
indebtedness  and  being  proposed  and  balloted  for  as  in  the  case  of 
adjoining  members. 

§  18.  No  brother  of  this  Lodge  shall  be  suspended  or  expelled 
from  membership  unless  charges  be  preferred  duly  specifying  his 
oflfense,  presented  by  a  brother  in  good  standing,  and  the  accused 
being  allowed  full  opportimity  to  make  his  defense. 

§  1^.  Any  brother  desirous  of  withdrawing  from  this  Lodge  must 
pay  his  indebtedness,  and  obtain  its  consent  thereto. 

ARTICLE   Vn. 

COMMITTEES. 

§  20.  The  Master,  on  the  night  of  his  installation,  shall  appoint 
a  committee  of  three  members  to  be  called  the  Standing  Commit- 
tee, whose  duty  it  shall  be  to  examine  the  books,  vouchers,  etc. , 
of  the  Treasurer  and  Secretary,  from  time  to  time,  and  to  make  a 
detailed  report  in  writing,  whenever  required.  Likewise,  to  ex- 
amine and  audit  all  bills,  accounts,  and  claims  that  may  be  pre- 
sented to  the  Lodge  for  payment,  and  report  upon  the  same  in 
writing.    Nor  shall  any  account  be  allowed  by  the  Lodge  until  it 


310  APPENDIX. 

shall  have  been  examined  and  reported  npon  by  the  Standing  Com- 
mittee. 

§  21.  When  in  session,  the  Lodge  may  refer  applications  for 
charity  to  a  Special  Committee  ;  but  during  the  interval  the  Mas* 
ter  and  Wardens  shall  be  a  Committee  of  Charity,  and  shall  have 
power  at  any  time  to  draw  upon  the  Treasurer,  through  the  Mas- 
ter, for  a  sum  not  exceeding  five  dollars  at  one  time,  to  bestow 
upon  a  distressed  worthy  Master  Mason,  his  wife,  widow,  or  orphan 
child. 

§  22.  Special  Committees  may  be  appointed  upon  any  item  of 
biTsiness,  and  may  consist  of  as  may  members  as  the  Lodge,  in  its 
discretion,  may  think  proper.  All  committees  shall  report  at  the 
next  stated  meeting  subsequent  to  their  appointment,  and  in  write 
ing,  unless  otherwise  ordered  by  the  Lodge.  All  committees  shall 
be  appointed  by  the  Master.  Members  who  are  appointed  to  serve 
upon  committees  shall  feel  bound  in  honor  to  give  patient  and  dil- 
igent attention  to  the  business  of  their  appointment,  and  report 
their  conclusions  to  the  Lodge  without  fear  or  favor. 

ARTICLE    VJJL 

DISCIPIilNE,    OrFENSES,    TBIALS,    ETC. 

§  23.  An  offense  in  Masonry  is  defined  to  be  an  act  which  con- 
travenes these  by-laws,  any  constitutional  rule  or  edict  of  the 
Grand  Lodge,  any  requisition  of  the  unwritten  law  of  Masonry,  any 
law  of  the  land,  or  any  law  of  God. 

§  24.  When  an  offense  shall  be  committed  by  a  member  or 
members  of  this  Lodge  against  the  laws  of  Freemasonry,  and 
charges  are  preferred  thereon,  it  shall  be  the  duty  of  the  Master  to 
appoint  not  less  than  three,  nor  more  than  seven,  disinterested 
members  of  the  Lodge,  commissioners,  who  shall  appoint  a  time 
and  place  for  the  trial,  most  convenient  for  those  interested,  and 
summon  the  parties  and  their  witnesses.  After  due  investigation 
of  all  the  facts  of  the  case,  the  commissioners  shall  found  their 
judgment  thereon,  and  give  notice  to  the  parties  interested.  A 
majority  must  concur  in  such  judgment,  and  their  judgment,  it 
approved  by  the  Lodge,  shall  be  final,  unless  an  appeal  be  taken 
therefrom  to  the  Grand  Lodge  within  six  months,  in  which  case  it 


APPENDIX.  311 

Bhall  be  the  duty  of  tlie  commissions,  upon  receiving  notice  of  such 
appeal,  to  transmit  their  report  to  the  Grand  Secretary. 

AKTICLE    IX. 

§  25.  Any  portion  or  the  whole  of  these  by-laws  may  be  amend- 
ed, or  others  substituted  in  their  stead,  at  the  will  of  the  Lodge, 
provided  the  general  principles  of  Freemasonry  and  the  constitu- 
tional rules  and  edicts  of  the  Grand  Lodge  are  carefully  main- 
tained. But  all  amendments,  substitutions,  etc. ,  must  be  proposed 
in  writing,  read  before  the  Lodge,  and  laid  over  for  two  weeks  be- 
fore a  vote  of  the  Lodge  is  taken,  and  a  vote  of  two-thirds  of  the 
members  present  shall  be  necessary  to  the  adoption  of  such  propo- 
sition. 

Any  action  or  edict  of  the  Grand  Lodge  altering  these  by-laws, 
has  the  eflfect  of  an  amendment,  without  any  action  on  the  part  of 
the  Lodge. 


FORM  OF  A  PROXY. 

The  Proxy  of  the  Subordinate  Lodges  should  be  in  the  following 
form,  viz  : 

At  a  meeting  of Lodge,  No ,  held  at ,  in  the 

county  of ,  in  the  State  of ,  on  the  . . .  day  of  . . . 

A.L.  58.. 

Resolved,  That  our  Worshipful  Brother ,  Past  Master  (or 

Master,  as  the  case  may  be,)  of  Lodge,  No.  . . ,,  be  and  ho 

is  hereby  appointed  Proxy,  to  represent  this  Lodge  in  the  Grand 

Lodge  of  the  State  of ,  and  he  is  fuUy  empowered  to  act 

in  our  behalf,  in  all  the  transactions  of  the  Grand  Lodge,  as  effect- 
lally  as  if  we  ourselves  were  personally  present. 

All  which  we  have  caused  to  be  certified  by  our  Master  and  War- 
dens, and  the  seal  of  our  Lodge  to  be  affixed. 

[l.  s,]  ,  Master. 

,  Senior  Warden. 

,  Junior  Warden. 

,  Secretary. 


312  APPENDIX. 


CERTIFICATE  OF  ELECTION. 

The  certificate  of  the  election  of  officers  in  a  Subordinate  Lodge 
should  be  in  the  following  form,  and  said  officers  cannot  be  recog- 
nized as  members  of  the  Grand  Lodge  until  a  proper  certificate  of 
election  is  filed  in  the  Grand  Secretary's  office  : 

Be  it  known,  that  on  the day  of A.  L.  58 . . ,  at  a 

regular  meeting  of Lodge,  No.  . .  held  in  the ,  county 

of in  the  State  of ,  our  worthy  Brother waa 

elected  Master  ;  our  worthy  Brother Senior  Warden,  and 

our  worthy  Brother Junior  Warden  of  the  said  Lodge,  for 

the  ensuing  year,  and  that  said  Master  and  Wardens  have  been 
duly  installed. 

In  testimony  whereof  we,  the  members  of  the  said  Lodge,  have 
caused  the  seal  thereof  to  be  hereunto  affixed,  and  our  Secretary 
to  sign  the  same. 

[L.  8.]  Secretary. 


^ 


INDEX 


Advancement 172 

Proficiency  required. . .  172 

Ballot  for 172 

Besult  of  rejection 172 

Action  of  Masons — how  con- 

troUed 11 

Ancient  Landmarks  defined    12 

Affiliation 176 

Age,  lawful 47 

Ancient  Charges — 

Concerning    God    and 

Religion 21 

Of  the  Civil  Magistrates    22 

Of  Lodges 23 

Of    Master,    "Wardens, 

and  Fellows 23 

Of  the  Craft  in  working    24 

Of  Behavior 26 

Appointed  Officers  of  Lodge  136 

Appeal , 188 

Eight  of 188 

From  Master  . .  .14,  81,  193 

From  Lodge 193 

How  taken 188 

Effect  of 190 

Forms  for 291 

Apprentices,  Entered 170 

14 


Apprentices  may  be  tried  . .  173 

Eight  of  to  Appeal  ...  174 

Articles  XXXIX 30 

Avouchment 182 

Atheists,  cannot  Testify 220 

Ballot,  the 55 

Must  be  unanimous ...     55 
Not  to  be  taken  till  one 

month  after  petition    56 
Indispensible  in  all  cases    56 

All  present  must 57 

Must  be  secret 15,  58 

Cannot  be  postponed. .     58 
Unfavorable  cannot  be 

reconsidered 58 

For  affiliation 59 

For  each  degree 59 

Exposui'e  of,  a  cause  for 

discipline 58 

Blank 14,0 

Belief  in  God  a  landmark . .     13 

Black-ball qi 

Cast  in  error 54. 

By-laws 79 

Form  of 305 

Burial,  Masonic 203 


f^U 


INDEX. 


Candidates — 

Laws  relating  to 47 

Qualifications  of 47 

Must  be  residents 48 

Must  present  a  petition    50 
Must  answer  all  ques- 
tions     ,     52 

K  rejected,  must  obtain 
consent  of  rejecting 
Lodge  before  peti- 
tioning another 52 

Kejection  of,  cannot  be 

inquired  into 53 

May  be  disciplined,  af- 
ter initiation,  for  de- 
ceiving committee .. .     55 

Deformity  of 47 

Initiation  of 170 

Advancement  of 172 

Called  meetings 151 

Certificates 182 

Form  of 289 

Charges,  how  presented 216 

Foi-m  of 291 

Charter— see  Warrant. 

Civil  law,  to  be  obeyed 14 

Offences  against 213 

Committees 157 

How  appointed 157 

On  character 52 

On  business 103,  157 

Constitutions,  defined 11 

Constitutional    powers     of 

Lodges 78 


Counsel  in  trials 219 

Consecration  of  a  Lodge ...     72 
Constitution  of  a  Lodge 73 

Deacons,  of  a  Lodge 128 

Grand 277 

Dedication  of  a  Lodge 73 

Degrees  at  sight 258 

Deputy  Grand  Master 269 

Dimission 198 

Dimit,  form  of 290 

Discussion,  how  controlled  102 
Dispensations — 

Who  grants 67,  258 

Expiration  of . . .  .^^ . , .     67 

For  degrees 259 

District  Deputy  Grand  Mas- 
ters    282 

Diploma,  form  of 290 

Dues 140 

Striking  from  roll  for. .   238 

Duties  of  the  Master 89,  110 

Of  the  Wardens. . .  .116,  122 

Of  the  Secretary 125 

Of  the  Treasurer 123 

Of  the  Deacons 128 

Of  the  Stewards 131 

Of  Mas.  of  Ceremonies  131 
Of  other  officers 136 

Elections 138 

Who  may  vote 140 

When  held 146 

Majority  required 143 

Entered  Apprentices 170 


INDEX. 


315 


Eligibility  for  office 92 

Evidence,  rules  of 221 

Exclusion 100,  226 

Expulsion 231 

Vote  required  for 232 

Notice  of 232 

Expelled  Masons  cannot  tes- 
tify    220 

Examination  of  visitors ....  184 

Fellow  Ckatts 174 

Freeborn,   candidates  must 

be 14 

Fines 225 

Felony,  how  dealt  with 213 

Forms,  various 287 

Funds  of  a  Lodge 82 

General  Kegulations,  1721    30 

Grand  Lodge,  the 239 

Formation  of 240 

Legislative  powers  of. .  243 

Judicial  powers  of 246 

Executive  powers  of. . .  247 

Jurisdiction  of 248 

Grand  officers 251 

Grand  Master 253 

May  be  disciplined 255 

May  convene  the  G.  L.  256 
Presides  in  Grand  L . .  268 

Issues  summons 258 

Grants  dispensations . .  258 
Constitutes  new  Lodges  259 
Arrests  Lodge  charters  260 
Makes  Masons  at  sight  261 


Heals  irregular  Masons  263 

Appoints  subordinates.  264 

Is  elected  annually. . . .  267 

Grand  Vv'ardens 271 

Treasurer 272 

Secretary 272 

'             Chaplains 274 

Marshal    275 

Standard  Bearer 275 

Sword  Bearer 276 

Stewards 276 

Deacons 277 

Poursuivant 277 

Tyler  277 

Lecturer 278 

HoNOBARY  Membeeship 279 

Healing 263 

Installation 146 

To  foUow  each  election  148 

By  proxy 148 

Who  may  conduct 148 

In  Lodges  U.D 67 

Of  a  Lodge 73 

Instruction  of  Eepresenta- 

tives 77 

Inherent  powers  of  a  Lodge  77 

Jurisdiction — 

Grand  Lodges 248 

Lodges 83 

Territorial 83 

Penal 84 

Over  sojourners 85 


316 


INDEX. 


Jurisdiction  over  non-afl&lia- 

ted  Masons 85 

Over  candidates 83 

Over  unfinished  work . .  83 

Junior  Deacon 129 

Junior  Warden 116 

Law,  Masonic,  defined 9 

Foundations  of 10 

Authorities  for 19 

Landmarks 13 

Discussed 15 

Kemoval  of,  void 16 

Laws  relating  to  candidates  47 

Must  be  freebom 47 

Of  lawful  age 47 

Of  good  report 47 

Declare  his  belief  in  a 

Supreme  Being 48 

Keside  where  initiated.  48 

Be  self-denying 49 

Have  some  degree  of  ed- 
ucation    50 

Present  a  petition 51 

Law,  Parliamentary 151 

Lecturer,  Grand 278 

Lodges,  inherent  powers  of  77 

Constitutional  powers  of  78 

Lodge,  the 65 

Defined 65 

Under  dispensation 66 

Lodges  U.  D.,  powers  of. . .  66 

Warranted 70 

Consecration  of 72 

Dedication  of 73 


Lodges  XT.  D.,  Listallafion.  73 

Powers  of 74 

Cannot  try  the  Master.  15 
Precedency  and  juris- 
diction of 82 

Funds  of 82 

Officers  of 89 

Jurisdiction  of 83 

Masonic  Law,  defined 9 

Offences  against 212 

Masonic  Ofi'ences 210 

Trials 214 

Punishments 225 

Kules  of  action 11 

Master  Masons,  rights  of. . .  176 
Amenable  to  local  laws    15 

Master,  Grand 253 

Master  of  a  Lodge 89 

His  qualifications  . .  .14,  90 
Has  power  to — 
Congregate  his  Lodge    98 

Preside 99 

Fill  vacancies 100 

Control  admissions . .  100 
Eegulate  discussion.  102 
Appoint  committees.  103    v 

Close 103 

Issue  summons 105 

Control  the  warrant.  106 
Kepresent  his  Lodge  107 

Other  rights  of 108 

Cannot  dimit  or  resign  110 

Marshal 137 

Masters  of  Ceremonies 131 


INDEX. 


317 


Making  Masons  at  sight  15,  261 
Making  Masons,  how  many    77 

Meetings 150 

Stated 151 

Special 150 

Cannot  be  adjourned  , .  166 

Mendicants 194 

Members,  floor 167 

Membership,  actual 176 

Honorary 179 

Minutes  of  a  Lodge 126 

Moral  law,  the  rule  of  Ma- 
sons       13 

Offences  against 212 

Modes  of  recognition,  a  land- 
mark      14 

Mariners,  excepted  from  law 

of  residence 84,  48 

NON-APTTLIATED  MaSONS 203 

Disabilities  of 206 

Subject  to  trial 85 

Their  appeal 86 

Notice  before  initiation 31 

Objection,  right  of 60 

Officers  of  a  Lodge 87 

Nominations  for 144 

Lastallation  of 148 

Who  may  instal ^148 

Cannot  resign 122 

Offences,  Masonic 210 

Against  moral  law 212 

Against  Masonic  law. .  212 


Offences,  Political 213 

,     Against  civil  law 213 

Various 213 

Origin  of  Grand  Lodges. . .  240 

Peoposition   of  candidates 
not     in     accordance 
with  ancient  usage . .     51 
Petition    of    a    candidate, 

form  of 51 

Can  only  be  presented 

at  a  stated  meeting.     52 
Cannot  be  withdrawn . ,     52 

Fee  to  accompany 52 

Must  lie  over  one  month   56 

Previously  rejected 52 

For  membership 59 

Powers  of  a  Lodge  U.  D.  . .     66 
A  Warranted  Lodge  ...     74 

A  Master 89,  110 

A  Grand  Master 256 

Wardens 116,  122 

Grand  Wardens 271 

Precedency  and  jurisdiction 

of  Lodges 82 

Penal  code  of  Masonry 208 

Past  Master 112 

Privileges  of 113 

Parliamentary  usages 151 

Punishments,  Masonic 225 

Physical  qualifications 47 

Proxies  to  Grand  Lodge . . .  114 

Form  for 311 

Petitions  for  New  Lodges . .  173 
Political  offences 213 


318 


INDEX. 


QuAuncATioNS    of     candi- 
dates      47 

Of  the  Master 14,  90 

Right — 

Of  membership 176 

To  visit 180 

Of  avouchment 182 

Of  trial 187 

Of  appeal 188 

Of  relief 193 

Of  withdrawal    198 

Of  burial 203 

To  constitute  a  Lodge  .  259 

To  instal  officers 113 

Rejected  applicants 52,  172 

For  initiation 52 

For  advancement 172 

Recognition,    modes    of,    a 

landmark 14 

Regulations  of  1721 30 

Records  of  the  Lodge 126 

Reprimand 226 

Representatives    in    Grand 

Lodge 15 

May  be  instructed 77 

Reserved  rights  of  Lodges.  245 

Restoration 234 

Vote  required  for. 236 

Rules  of  action,  defined 11 

Ritual,  control  of . .     80 

Secbetaky  of  a  Lodge 125 

Grand 272 

Senior  Warden 116 


Senior  Deacon 128 

Sight,  Masons  made  at.  .15,  261 

Stewards,  of  a  Lodge 131 

Grand 276 

Suitable  proficiency 172 

Secrecy  of  the  BaUot 15,  58 

Suspension,  definite 230 

Indefinite 231 

Vote  required  for 232 

Notice  of 232 

Of  by-laws 80 

Of  a  warrant 72 

Sword  Bearer,  Grand 276 

Standard  Bearer,  Grand  . . .  275 

Succession  to  the  chair 111 

Special  Meetings 151 

Summons 105 

Style  of  Grand  officers 252 

Sojourners  83 

Surrendering  a  warrant 72 

Tkeasukee  of  a  Lodge 123 

Grand 272 

Thirty-nine  Articles 30 

Tellers 146 

Trustees 137 

Tyler  of  a  Lodge 134 

Grand 277 

Trials,  Masonic 214 

Forms  for 291 

Right  of 287 

Sei-vice  of  charges 216 

Answer  to  charges 216 

Counsel 223 

Examining  witnes.ses. .  220 


INDEX. 


319 


Trials,  Competency  of  wit- 
nesses    220 

Kules  of  Evidence  ...  221 

Summing  up 224 

Verdict 224 

Final  action  of  Lodge . .  224 
Appeal  from 225 


Unitnished  work 


25 


Visit,  right  of 14,  180 

Visitors,  control  of 100 

Avouched  for 182 

Objection  to 180 

Examination  of 184 

Voting,  right  of 140 

Limitation  of 140 


Waekant,  imftutable 70 

How  forfeited 71 

How  surrendered 72 

May  be  suspended 72 

Form  of 288 

Custody  of 106 

Wardens 116 

Prerogatives  of 119 

Succession  of 121 

Cannot  resign 122 

Grand 271 

Withdrawal,  right  of 198 

Of  petitions 52 

Witnesses,  who  may  be 220 

Weekly  meetings  151 

Work 80,  278 

Unfinished 25 


POPULAR  WORKS  01  FREEMASONRY 

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New  York  Masonic  Code;  containing  the  Old  Charges,         j 

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Masonic  Institutes.  By  Vai'^ious  AuiJim's.  With  an  intro- 
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YB  06534 


